T 1112/07 of 05.11.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T111207.20091105
- Date of decision
- 5 November 2009
- Case number
- T 1112/07
- Petition for review of
- -
- Application number
- 97921358.4
- IPC class
- A61M 1/16
- 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
- Hemodialysis monitoring system for hemodialysis machines
- Applicant name
- Baxter International Inc.
- Opponent name
- Fresenius Medical Care Deutschland GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Added subject-matter (no, after amendment)
Clarity (yes, after amendement)
Inventive step (yes, after amendment) - 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 the first instance with the order to maintain the patent on the basis of the following documents:
Claims 1 to 4 according to the main request filed during the oral proceedings before the Board;
Description pages 2 to 16 as granted and published;
Figures 1 to 13 as granted and published.