T 0273/04 of 03.03.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T027304.20060303
- Date of decision
- 3 March 2006
- Case number
- T 0273/04
- Petition for review of
- -
- Application number
- 97904958.2
- IPC class
- A61F 2/06
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Expandable stent
- Applicant name
- EVYSIO MEDICAL DEVICES ULC
- Opponent name
- Guidant Corporation
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 88 1973European Patent Convention Art 89 1973
- Keywords
- Novelty (main request - no)
Inventive step (auxiliary request - yes, after amendments)
Multiple priorities - second priority valid - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the following documents:
Claims: 1 filed during oral proceedings; 2 to 14 according to the third auxiliary request filed with letter of 3 February 2006;
Description: columns 1 to 2 and 5 to 17 as granted; columns 3 and 4 as filed during oral proceedings;
Drawings: 1 to 12d as granted.
3. The request for reimbursement of the appeal fee is allowed.