T 0516/14 of 25.01.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T051614.20190125
- Date of decision
- 25 January 2019
- Case number
- T 0516/14
- Petition for review of
- -
- Application number
- 00978341.6
- 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 CONE BEAM VOLUME COMPUTED TOMOGRAPHY MAMMOGRAPHY
- Applicant name
- THE UNIVERSITY OF ROCHESTER
- Opponent name
- MIR Medical Imaging Research Holding GmbH
Siemens Aktiengesellschaft - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 115(2)European Patent Convention R 142(1)(b)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)Rules of procedure of the Boards of Appeal Art 15(3)
- Keywords
- Summons to oral proceedings - continuation of proceedings without duly summoned party
Insolvency of opponent - interruption of proceedings (no)
Amendments - extension beyond the content of the application as filed (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Late-filed objection - admitted (no)
Inventive step - (yes) - 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:
- claim 1 of the main request filed with letter dated 20 December 2018 and claims 2 to 28 of the patent as granted;
- description and figures of the patent as granted.