T 2646/11 of 16.12.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T264611.20151216
- Date of decision
- 16 December 2015
- Case number
- T 2646/11
- Petition for review of
- -
- Application number
- 05076395.2
- IPC class
- A61B 17/70
- 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
- Medical device having a reverse-angle thread
- Applicant name
- Warsaw Orthopedic, Inc.
- Opponent name
- Synthes GmbH
- 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 87Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Late-filed counter-statement - admitted (yes)
Added subject-matter - main request (yes)
Added subject-matter - auxiliary request (no)
Priority - auxiliary request (yes)
Novelty - availability to the public (no)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes) - 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 to 16 of auxiliary request No. 1 filed on 19 July 2012;
- adapted description:
columns 1 and 2 filed during the oral proceedings and columns 3 to 8 of the patent as granted; and
- figures 1 to 6C of the patent as granted.