T 0336/11 of 02.02.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T033611.20160202
- Date of decision
- 2 February 2016
- Case number
- T 0336/11
- Petition for review of
- -
- Application number
- 00114654.7
- 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
- Hemodialysis apparatus
- Applicant name
- Fresenius Medical Care Deutschland GmbH
- Opponent name
- Gambro Lundia AB
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2)European Patent Convention Art 123(2)European Patent Convention Art 128(4)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 144(d)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibility of objections filed late due to
representative's illness (yes)
Added subject-matter (no)
Sufficiency of disclosure and clarity (yes)
Novelty and inventive step (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The appeal of the opponent is dismissed.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to maintain the patent on the basis of:
- claims 1 to 5 of the main request filed with letter dated 21 April 2011;
- adapted description, columns 1 to 7, filed during oral proceedings; and
- figure 1 of the patent as granted.