European Patent Office

T 0611/09 (Catheter lock solution/ASH ACCESS TECHNOLOGY, INC.) of 18.10.2011

European Case Law Identifier
ECLI:EP:BA:2011:T061109.20111018
Date of decision
18 October 2011
Case number
T 0611/09
Petition for review of
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Application number
99943881.5
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Use of citrate in a catheter lock solution
Applicant name
Ash Access Technology, Inc.
Opponent name
Dirinco B.V.
Board
3.3.02
Headnote
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Relevant legal provisions
European Patent Convention Art 52(4) 1973European Patent Convention Art 54European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Main request and auxiliary requests 1-5 - sufficiency of disclosure (no): catheter lock solution not active within the human or animal body
Auxiliary request 6 - novelty (no): Swiss-type claim does not relate to use in a method referred to in Art. 52(4) EPC 1973
Auxiliary request 7 - admission (no): late-filed, amendments not forseeable
Catchword
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ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.