T 0771/05 of 30.01.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T077105.20070130
- Date of decision
- 30 January 2007
- Case number
- T 0771/05
- Online on
- 27 March 2007
- Petition for review of
- -
- Application number
- 01114354.2
- IPC class
- A61M 16/06
- 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
- A nasal mask
- Applicant name
- Fisher & Paykel Healthcare Limited
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty, inventive step - (yes, after amendments) - third auxiliary request
- 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 first instance with the order to grant a patent on the basis of the auxiliary request 3, consisting of:
- Claims: 1 to 9 filed during the oral proceedings;
- Description: pages 1 to 7 filed during the oral proceedings;
- Drawings: Figures 1 to 8 as published.