T 0570/14 of 23.07.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T057014.20190723
- Date of decision
- 23 July 2019
- Case number
- T 0570/14
- Petition for review of
- -
- Application number
- 07113565.1
- 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
- Endoscopic fundoplication devices for treatment of gastroesophageal reflux disease
- Applicant name
- Boston Scientific Limited
- Opponent name
- Leeming, John Gerard
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 113(2)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 84European Patent Convention R 76(2)(c)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Opposition admissible (yes)
Extent of the opposition limited (yes)
Admissibility of requests 2a, 2b (yes)
Extension beyond the application as filed or the earlier application as filed - auxiliary requests 1, 2, 2a, 2b - (yes)
Extension beyond the application as filed or the earlier application as filed - auxiliary request 2c - (no)
Clarity - auxiliary request 2c - (yes)
Inventive step - auxiliary request 2c
Inventive step - (yes)
Power to examine non-opposed claims (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 10 of auxiliary request 2c filed during the oral proceedings; and
- description and figures of the patent as granted.