T 1033/08 of 20.07.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T103308.20110720
- Date of decision
- 20 July 2011
- Case number
- T 1033/08
- Petition for review of
- -
- Application number
- 95900364.1
- IPC class
- A61B 18/12
- 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
- System for controlling tissue ablation using temperature sensors
- Applicant name
- Boston Scientific Limited
- Opponent name
- C.R. BARD INC.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 42(1)(e)
- Keywords
- Exception to prohibition of reformatio in peius: no (main and first auxiliary requests)
Clarity: no (second auxiliary request)
Inventive step: yes (third auxiliary request) - Catchword
- -
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 in amended form on the basis of the following documents:
Claims 1 to 3 according to the third auxiliary request filed with the respondent's letter of 6 July 2011;
Description and drawings as upheld by the Opposition Division in the decision under appeal.