T 1487/09 of 24.09.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T148709.20130924
- Date of decision
- 24 September 2013
- Case number
- T 1487/09
- Petition for review of
- -
- Application number
- 00303475.8
- IPC class
- A61B 18/26
- 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
- Electromagnetically induced cutting with atomized fluid particles for dermatological applications
- Applicant name
- Biolase, Inc.
- 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 84
- Keywords
- Method for treatment by surgery - main request
Clarity of a disclaimer - auxiliary request I (no) - point 3 of the Reasons
Novelty - auxiliary request II (yes)
Inventive step - auxiliary request II (yes) - Catchword
- -
- Citing cases
- G 0001/16
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 19 of auxiliary request II filed during oral proceedings;
- adapted description, columns 1 to 20, filed during oral proceedings; and
- figures 1 to 8, 1a to 11a, 4b, 6b to 8b and 4aa of the published application.