T 1592/11 of 11.05.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T159211.20150511
- Date of decision
- 11 May 2015
- Case number
- T 1592/11
- Petition for review of
- -
- Application number
- 01272094.2
- 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
- PEN-TYPE INJECTOR HAVING AN ELECTRONIC CONTROL UNIT
- Applicant name
- DCA Design International Limited
- Opponent name
- Novo Nordisk A/S
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 53(c)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 115(2)European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 15(3)
- Keywords
- Admissibility of appeal - (yes)
Admissibility of late-filed documents (yes); remittal (no)
Method of treatment by therapy (yes)
Support and clarity of disclaimer (no)
Added subject-matter (no) - auxiliary request XIIIii
Novelty (yes)
Novelty - auxiliary request XIIIii - Catchword
- -
- 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 and 2 of auxiliary request XIIIii filed during oral proceedings;
- pages 2, 2a and 3 to 5 of the adapted description filed during oral proceedings; and
- figures 1 to 3 and 3A of the patent as granted.