T 1033/02 (Block copolymer elastomer catheter balloons/SCIMED) of 26.04.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T103302.20060426
- Date of decision
- 26 April 2006
- Case number
- T 1033/02
- Petition for review of
- -
- Application number
- 95913555.9
- IPC class
- A61L 29/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Block copolymer elastomer catheter balloons
- Applicant name
- Boston Scientific Scimed, Inc.
- Opponent name
- Terumo Kabushiki Kaisha
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Sufficiency of disclosure (yes)
Novelty (yes)
Main and first auxiliary request: inventive step (no) - improvement not credible - unfair comparative tests - arbitrary selection - obvious to try
Second auxiliary request: inventive step (yes) - purposive selection - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent on the basis of auxiliary request 2 submitted during the oral proceedings before the Board and a description yet to be adapted.