T 1064/15 of 23.04.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T106415.20180423
- Date of decision
- 23 April 2018
- Case number
- T 1064/15
- Petition for review of
- -
- Application number
- 10011872.8
- IPC class
- B26D 3/08A61B 17/04A61B 17/06
- 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
- Barbed suture
- Applicant name
- Quill Medical, Inc.
- Opponent name
- ITV Denkendorf Produktservice GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 56
- Keywords
- Main request - sufficiency of disclosure - (no)
Auxiliary request - inventive step (yes) - Catchword
- -
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 11 of auxiliary request 1 as filed with the letter dated 23 March 2018;
description:
. pages 1 to 3 and 5 to 24 of the patent as granted and;
. page 4 as filed during the oral proceedings; and
. figures according to pages 28 to 35 of the patent as granted.