T 1349/10 (Composition of Opposition Division/ETHICON) of 02.02.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T134910.20110202
- Date of decision
- 2 February 2011
- Case number
- T 1349/10
- Petition for review of
- -
- Application number
- 03747449.1
- IPC class
- A61L 17/04
- 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
- Surgical thread and surgical implant with the same
- Applicant name
- Ethicon GmbH
Aesculap AG - Opponent name
- -
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 19(2)European Patent Convention R 103(1)(a)
- Keywords
- Chairman of Opposition division having participated in examination proceedings
Relevance of parties' position to defective composition of Opposition Division (no)
Substantial procedural violation (yes) Remittal (yes) - Reimbursement of appeal fee (yes) - Catchword
- -
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 for further prosecution.
3. The appeal fees are reimbursed.