T 0992/16 of 27.11.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T099216.20201127
- Date of decision
- 27 November 2020
- Case number
- T 0992/16
- Petition for review of
- -
- Application number
- 06764480.7
- 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
- HEALTH MONITORING DEVICE AND METHOD
- Applicant name
- i-SENS inc.
- Opponent name
- Roche Diagnostics GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) (2007)European Patent Convention Art 54 (2007)European Patent Convention Art 56 (2007)European Patent Convention R 80 (2007)
- Keywords
- Novelty (yes)
Inventive step (yes)
Amendments to the description in accordance with Rule 80 EPC (yes)
Apportionment of costs - abuse of procedure (no) - Catchword
- -
- Cited cases
- G 0003/14
- 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 opposition division with the order to maintain the patent as amended in the following version:
- claims 1-18 according to the main request filed with the statement of grounds of appeal
- description pages 2-4 and 6-11 of the patent specification and pages 5, 12 and 13 as filed during the oral proceedings before the opposition division on 16 October 2014
- drawings figures la-15b of the patent specification.
3. The request that the costs of the oral proceedings on 16 December 2015 be borne by the patent proprietor is rejected.