European Patent Office

T 2270/08 of 14.09.2011

European Case Law Identifier
ECLI:EP:BA:2011:T227008.20110914
Date of decision
14 September 2011
Case number
T 2270/08
Online on
29 November 2011
Petition for review of
-
Application number
03253439.8
IPC class
A61B 5/15
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Test strip container system
Applicant name
LifeScan, Inc.
Opponent name
Roche Diagnostics GmbH
Board
3.2.02
Headnote
-
Keywords
Clarity (yes, after amendments)
Added subject-matter (no, after amendments)
Extension of the protection (no, after amendments)
Novelty and inventive step (yes, after amendments)
Catchword
-
Cited cases
-
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 in the following version:

a) For the Contracting States GB, FR, DE, IT:

- claims 1-10 as filed for these Contracting States during the oral proceedings before the Board on 14 September 2011

- Description:

pages 2, 4-8, 10, 11 as in the patent specification

page 9 filed during the oral proceedings before the Opposition Division on 13 October 2008

pages 3, 3a as filed during oral proceedings before the Board on 14 September 2011

- drawings as in the patent specification

b) for the remaining Contracting States:

- claims 1-10 as filed for these Contracting States during the oral proceedings before the Board on 14 September 2011

- description:

pages 2, 4-8, 10, 11 as in the patent specification

page 9 filed during the oral proceedings before the Opposition Division on 13 October 2008

pages 3, 3a as filed during oral proceedings before the Board on 14 September 2011

- drawings as in the patent specification.