T 1430/05 (Flow restriction/PALL) of 22.02.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T143005.20080222
- Date of decision
- 22 February 2008
- Case number
- T 1430/05
- Petition for review of
- -
- Application number
- 95911779.7
- IPC class
- B01D 25/00
- 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
- A filtration device for removal of leukocytes
- Applicant name
- PALL CORPORATION
- Opponent name
- Fresenius Medical Care Deutschland GmbH
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 101(3)European Patent Convention Art 123European Patent Convention Art 56 1973European Patent Convention R 100(1)
- Keywords
- Examination of amendments (admissibility: yes)
Amendments extending beyond the content of the application as filed: - main request (yes) - auxiliary request (no)
Inventive step: auxiliary request (yes) - improvement over prior art - Catchword
- -
- 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 maintain the patent in amended form on the basis of claim 1 filed on 2 November 2006 and claims 2 to 8 as maintained by the interlocutory decision of 9 March 2005, and a description to be adapted.