T 1118/13 of 21.08.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T111813.20180821
- Date of decision
- 21 August 2018
- Case number
- T 1118/13
- Petition for review of
- -
- Application number
- 05762877.8
- IPC class
- A61M 1/34
- 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
- Apparatus for testing a filter
- Applicant name
- Gambro Lundia AB
- Opponent name
- Fresenius Medical Care Deutschland GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Admissibility of modified claims (yes)
Added subject-matter (no)
Clarity (yes)
Novelty (yes)
Inventive step (yes)
Admissibility of a further objection (no) - 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 5 of the "main request modified" filed during oral proceedings;
- description: pages 2, 3 and 5 to 9 of the patent as granted and page 4 filed during oral proceedings; and
- figure pages 1/8 to 8/8 of the patent as granted.