T 0823/11 (Managing patient care/CAREFUSION) of 21.12.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T082311.20151221
- Date of decision
- 21 December 2015
- Case number
- T 0823/11
- Petition for review of
- -
- Application number
- 96915827.8
- IPC class
- G06F 17/00G06G 7/48G06F 19/00
- 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
- System and method for collecting data and managing patient care
- Applicant name
- CareFusion 303, Inc.
- Opponent name
- -
- Board
- 3.5.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention R 103(1)(a)European Patent Convention R 111(2)Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Substantial procedural violation - excessive length of proceedings (yes)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Exercise of discretion by the first instance not to admit auxiliary request filed in oral proceedings - overruled
Reimbursement of appeal fee - (yes) - Catchword
- Kristiansen and Tyvik AS v. NorwayEuropean Court of Human Rights Application no. 25498/08. See points 2 to 5 of the reasons
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 on the basis of the auxiliary request.
3. The appeal fee is to be reimbursed.