T 1396/13 of 17.01.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T139613.20190117
- Date of decision
- 17 January 2019
- Case number
- T 1396/13
- Online on
- 24 April 2019
- Petition for review of
- -
- Application number
- 06785522.1
- IPC class
- A61M 37/00
- 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
- MICRONEEDLE CARTRIDGE ASSEMBLY
- Applicant name
- 3M Innovative Properties Company
- Opponent name
- Koch, Jens
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Added subject-matter - new auxiliary request II (no)
Novelty - main request (no)
Inventive step - auxiliary request I (no)
Inventive step - new auxiliary request II (yes)
Late-filed new auxiliary request II - admitted (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 maintain the patent on the basis of:
- claims 1 to 19 of new auxiliary request II, filed during the oral proceedings;
- description columns 1 and 2, page 2a, and columns 5 to 13 as filed on 6 March 2013, and columns 3 and 4 as filed during the oral proceedings; and
- figures 1 to 16 of the patent as granted.