T 1202/04 (Blood separation system/BAXTER) of 23.11.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T120204.20101123
- Date of decision
- 23 November 2010
- Case number
- T 1202/04
- Online on
- 3 December 2010
- Petition for review of
- -
- Application number
- 98930151.0
- IPC class
- B01D 21/26
- 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
- Systems and methods for collecting diluted mononuclear cells
- Applicant name
- Baxter International Inc.
- Opponent name
- -
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 123
- Keywords
- Novelty (yes)
Inventive step (yes) - general statements in the prior art do not provide incentive - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 grant a patent on the following basis:
Claims 1 to 8 annexed as Annex A to the grounds of appeal dated 19 October 2004;
Page 1 of the description filed together with the grounds of appeal dated 19 October 2004;
Pages 7, 8, 10, 11, 14, 15, 16, 19, 20, 22, 26, 29, 31, 35, 39, 41, 49, 51, 53, 55, 56 and 57 of the description filed with letter dated 29 October 2002;
Pages 2 to 6, 9, 12, 13, 17, 18, 21, 23 to 25, 27, 28, 30, 32 to 34, 36 to 38, 40, 42 to 48, 50, 52 and 54 of the description of the application as originally filed;
Sheets 6, 14, 16 to 24 and 26 to 28 of the drawings filed with letter dated 29 October 2002;
Sheets 1 to 5, 7 to 13, 15 and 25 of the drawings of the application as originally filed.