T 1500/10 of 20.12.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T150010.20121220
- Date of decision
- 20 December 2012
- Case number
- T 1500/10
- Petition for review of
- -
- Application number
- 01130605.7
- IPC class
- A61F 2/06
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Stent and catheter assembly and method for treating bifurcations
- Applicant name
- Abbott Cardiovascular Systems Inc.
- Opponent name
- -
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(3)European Patent Convention Art 113(1)European Patent Convention Art 116(1)European Patent Convention Art 123(2)European Patent Convention Art 84European Patent Convention R 103(1)European Patent Convention R 111(1)European Patent Convention R 115(1)European Patent Convention R 115(2)European Patent Convention R 71(2)
- Keywords
- Clarity and allowability of amendments - (yes)
Reimbursement of the appeal fee (no) - Catchword
- If oral proceedings take place at the instance of the European Patent Office because it considers this to be expedient under Article 116(1) EPC and the duly summoned party does not attend them without serious reasons, this conduct can have the consequence that it would not be equitable to reimburse the appeal fee."
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 proceed with substantive examination of the application on the basis of claims 1 to 5, filed at the oral proceedings of 24 October 2012.
3. The request for refunding the appeal fee is dismissed.