T 1546/08 of 08.12.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T154608.20101208
- Date of decision
- 8 December 2010
- Case number
- T 1546/08
- Petition for review of
- -
- Application number
- 98958475.0
- IPC class
- A61F 2/06
- 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
- Intravascular stent and method for manufacturing an intravascular stent
- Applicant name
- EXPANDABLE GRAFTS PARTNERSHIP
- Opponent name
- Boston Scientific Scimed, Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2)European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 139European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Sufficiency of disclosure (yes)
Extended subject-matter (no)
Novelty (yes, after amendment - third auxiliary request)
Inventive step (yes, after amendment - third auxiliary request) - 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 on the basis of the following documents:
Claims: Nos. 1 to 42 of the third auxiliary request filed with the patentee's letter of 1 December 2008;
Description: columns 1 to 8 as maintained by the department of first instance;
Drawings: Figures 1 to 16 as granted.