T 1767/10 of 13.03.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T176710.20150313
- Date of decision
- 13 March 2015
- Case number
- T 1767/10
- Online on
- 17 June 2015
- Petition for review of
- -
- Application number
- 02754547.4
- IPC class
- A61M 25/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- A METHOD OF PRODUCING A CATHETER AND A CATHETER
- Applicant name
- Coloplast A/S
- Opponent name
- Astra Tech AB
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention Art 123(2)
- Keywords
- Novelty - main request (yes)
Late-filed auxiliary requests - admitted (yes)
Added subject-matter - first auxiliary request (yes)
Added subject-matter - main, second and third auxiliary requests (no)
Clarity - third auxiliary request (yes)
Inventive step - main and second auxiliary requests (no)
Inventive step - third auxiliary request (yes) - 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 on the basis of:
- claims 1 to 10 of the third auxiliary request filed with letter dated 2 March 2015,
- columns 1 to 7 of the adapted description filed during the oral proceedings, and
- the figures of the patent as granted.