T 0458/13 of 20.11.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T045813.20171120
- Date of decision
- 20 November 2017
- Case number
- T 0458/13
- Petition for review of
- -
- Application number
- 05781502.9
- IPC class
- A61M 1/14
- 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
- BLOOD PURIFYING DEVICE
- Applicant name
- NIKKISO COMPANY, LTD.
- Opponent name
- Fresenius Medical Care Deutschland GmbH
B. Braun Avitum AG - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Main request - clarity (no)
Auxiliary request 1 - combination of claims of the patent as
granted - lack of clarity no ground for opposition
Novelty - auxiliary request 1 (yes)
Inventive step - auxiliary request 1 (yes) - Catchword
- -
- Cited cases
- G 0003/14
- 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 3 of auxiliary request 1 filed with letter dated 2 May 2013;
- adapted description, columns 1 and 2 as filed during the first-instance oral proceedings on 10 October 2012, columns 3 and 4 as filed during the oral proceedings on 20 November 2017 and columns 5 to 10 of the patent as granted;
- the figures of the patent as granted.