T 0861/13 of 13.09.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T086113.20170913
- Date of decision
- 13 September 2017
- Case number
- T 0861/13
- Online on
- 19 September 2017
- Petition for review of
- -
- Application number
- 10169649.0
- IPC class
- A61F 2/16
- 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
- Multi-zonal monofocal intraocular lens for correcting optical aberrations
- Applicant name
- Abbott Medical Optics Inc.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 84
- Keywords
- Divisional application - Subject-matter extending beyond the content of the earlier application (no)
Clarity and support in the description (yes)
Sufficiency of disclosure (yes)
Novelty and inventive step (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 grant a patent on the basis of the following application documents:
- claims: No. 1 to 15 labelled "New Main Request" filed with the letter dated 15 August 2017;
- description: pages 1, 8, 11 and 13 labelled "New Main Request" filed with the letter dated 15 August 2017, pages 4, 12 and 18 labelled "New Main Request" filed with the letter dated 28 July 2017, and pages 2, 3, 6, 7, 9, 10 and 14 to 17 as originally filed, pages 5 and 19 to 21 as originally filed being deleted; and
- drawings: sheets 1/5 to 5/5 of the application as originally filed.