T 2602/12 of 13.10.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T260212.20161013
- Date of decision
- 13 October 2016
- Case number
- T 2602/12
- Petition for review of
- -
- Application number
- 04741077.4
- 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
- ANTIMICROBIAL MEDICAL DEVICES
- Applicant name
- Novartis AG
- Opponent name
- Johnson & Johnson Vision Care, Inc.
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Admissibility of main request (yes) - restriction of granted claim 1 to subject-matter for which no negative decision has been issued by the Opposition Division is legitimate behaviour of losing party, no abuse of procedure
Sufficiency of disclosure (yes)
Sufficiency of disclosure - sufficient guidance in patent in suit to make dispersions with the required stability
Inventive step (yes)
Inventive step - argument raised for first time at oral proceedings against embodiment of invention never previously attacked under Article 56 EPC not admitted; Board sees no reason to examine of its own motion - 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 Opposition Division with the order to maintain the patent on the basis of the main request (claim 1 as filed with letter dated 13 September 2016 and claims 2 to 14 as filed during the oral proceedings before the Board) and a description to be adapted.