T 1180/05 of 02.08.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T118005.20070802
- Date of decision
- 2 August 2007
- Case number
- T 1180/05
- Petition for review of
- -
- Application number
- 99926285.0
- IPC class
- A61F 5/445
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- A collecting bag for human body wastes
- Applicant name
- COLOPLAST A/S
- Opponent name
- Hollister Incorporated
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973
- Keywords
- Extension beyond the content of the application as filed - (yes)
Extension of the protection conferred - (yes)
Use of a disclaimer in order to circumvent the potential conflict between Article 123(2) and (3) EPC - refused (see Reasons for the decision 4 and 6) - Catchword
- The deletion of a feature in a granted claim, which feature extends beyond the content of the application as filed, and its reintroduction in the form of a disclaimer, so that the subject-matter of the claim remains the same, is not suitable to overcome the potential conflict between Articles 123(2) and (3) EPC.
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.