T 1306/14 of 06.08.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T130614.20190806
- Date of decision
- 6 August 2019
- Case number
- T 1306/14
- Petition for review of
- -
- Application number
- 06707250.4
- IPC class
- A61M 5/315
- 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
- DOSE SETTING MECHANISM FOR AN INJECTION DEVICE CAPABLE OF PRESETTING A MAXIMUM DOSE
- Applicant name
- NOVO NORDISK A/S
- Opponent name
- Ypsomed AG
PFIZER LIMITED (withdrawn)
Sanofi-Aventis Deutschland GmbH
Medbay Co. Ltd. - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)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 84European Patent Convention R 124(1)European Patent Convention R 80Rules 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)
- Keywords
- Amendments - added subject-matter
Amendments - main request (yes), sixth auxiliary request (no)
Grounds for opposition - insufficiency of disclosure
Grounds for opposition - sixth auxiliary request (no)
Claims - clarity
Claims - sixth auxiliary request (yes)
Novelty - sixth auxiliary request (yes)
Inventive step - sixth auxiliary request (yes)
Late-filed document - admitted (yes)
Late-filed request - submitted during oral proceedings - admitted (yes)
Minutes of oral proceedings - essentials of oral proceedings - 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 4 of the sixth auxiliary request filed
during the oral proceedings;
- columns 1 to 8 of the adapted description filed
during the oral proceedings; and
- Figures 1 to 6 of the patent as granted.