T 0828/11 of 12.08.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T082811.20140812
- Date of decision
- 12 August 2014
- Case number
- T 0828/11
- Online on
- 1 October 2014
- Petition for review of
- -
- Application number
- 06253277.5
- IPC class
- A61F 5/00A61M 39/02
- 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
- Implantable medical device with simultaneous attachment mechanism
- Applicant name
- ETHICON ENDO-SURGERY, INC.
- Opponent name
- withdrawn
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56
- Keywords
- Inventive step - first and third auxiliary requests (no)
Inventive step - fifth 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 5 of the fifth auxiliary request filed during oral proceedings;
- description pages 2, 2a and 3 to 8 filed during oral proceedings; and
- figures 1 to 29 of the patent as granted.