T 2024/08 of 11.07.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T202408.20120711
- Date of decision
- 11 July 2012
- Case number
- T 2024/08
- Online on
- 19 October 2012
- Petition for review of
- -
- Application number
- 98914727.7
- IPC class
- A61B 5/00
- 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
- Method of assessing tissue viability using near-infrared spectroscopy
- Applicant name
- NATIONAL RESEARCH COUNCIL OF CANADA
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 53(c)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibility of late-filed requests: no (main and 1st to 3rd auxiliary requests filed during oral proceedings)
Extended subject-matter: yes (main request filed 11 June 2012 and 1st auxiliary request filed 18 June 2012)
Clarity and sufficiency of disclosure: yes (2nd auxiliary request (A) filed during oral proceedings)
Exception from patentability: no (2nd auxiliary request (A) filed during oral proceedings)
Novelty and inventive step: yes (2nd auxiliary request (A) filed during oral proceedings) - Catchword
- -
- Cited cases
- T 0041/04
- 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 grant a patent on the basis of:
- Claims 1 to 9 of the 2nd auxiliary request (A);
- Pages 1 to 4, 6 to 37 and 42 to 54 of the description;
and
- Figures 1 to 20,
all filed during the oral proceedings.