T 0138/08 of 13.07.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T013808.20100713
- Date of decision
- 13 July 2010
- Case number
- T 0138/08
- Petition for review of
- -
- Application number
- 00950543.9
- IPC class
- A61M 5/145
- 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
- Syringe plunger driver system for engaging syringe plungers of different sizes and method
- Applicant name
- CareFusion 303, Inc.
- Opponent name
- Fresenius HemoCare GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention R 103Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Inventive step (yes, after amendments)
Reimbursement of the appeal fee (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1152/14
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 maintain the patent on the basis of the following documents:
- Claims: 1 to 4 filed as third auxiliary request during the oral proceedings
- Description: columns 1 to 12 filed during the oral proceedings
- Drawings 1 to 29 as granted.
3. The request for reimbursement of the appeal fee is rejected.