T 0960/15 (Radiotherapeutic treatment plan adaptation / Philips) of 22.12.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T096015.20211222
- Date of decision
- 22 December 2021
- Case number
- T 0960/15
- Petition for review of
- -
- Application number
- 05779771.4
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- RADIOTHERAPEUTIC TREATMENT PLAN ADAPTATION
- Applicant name
- Koninklijke Philips N.V.
- Opponent name
- RaySearch Laboratories AB
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 107European Patent Convention Art 114(2)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal 2020 Art 024(1)Rules of procedure of the Boards of Appeal 2020 Art 025(1)
- Keywords
- Positive discretionary decision - legal basis for review (yes)
Positive discretionary decision - set aside (no)
Inventive step (main request, auxiliary requests I, IV')
Inventive step - (no); (auxiliary request II')
Inventive step - effect not made credible within the whole scope of claim
Claims - clarity
Claims - (auxiliary requests I, I', II, II', III, III', IV) (no)
Amendment to appeal case (auxiliary requests I',I'', II'', II''', III'')
Amendment to appeal case - suitability of amendment to resolve issues raised (no) - Catchword
- The Boards of Appeal may review discretionary decisions. There are, however, limits on the extent of review that reflect the discretion accorded to the deciding body. In the present case, the Opposition Division decided to consider document D8 and the review of this decision is a primary object of the appeal proceedings (Article 12(2) RPBA 2020) - see Reasons 1 - 9.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.