T 2129/14 of 01.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T212914.20160601
- Date of decision
- 1 June 2016
- Case number
- T 2129/14
- Petition for review of
- -
- Application number
- 02766098.4
- IPC class
- A61M 1/00A61M 27/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- VACUUM ASSISTED TISSUE TREATMENT SYSTEM
- Applicant name
- KCI Licensing, Inc.
- Opponent name
- Smith and Nephew, Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 21(1)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European 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 and first auxiliary
request (yes), second auxiliary request (no)
Late-filed request - admitted (yes)
Amendment occasioned by ground for opposition - (yes)
Sufficiency of disclosure - second auxiliary request (yes)
Claims - clarity
Claims - second auxiliary request (yes)
Appeal decision - remittal to the department of first instance
(no)
Reformatio in peius - exception to the prohibition (yes)
Late-filed evidence - admitted (yes)
Inventive step - second auxiliary request (yes) - Catchword
- Exception to the prohibition of the reformatio in peius - conditions established in G 1/99 - order of application - plurality of amendments (point 5.5 of the Reasons).
- 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 second auxiliary request filed during the oral proceedings;
- adapted description (columns 1 to 11) filed during the oral proceedings; and
- figures 1 to 5 of the patent as granted.