T 1592/16 of 21.05.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T159216.20210521
- Date of decision
- 21 May 2021
- Case number
- T 1592/16
- Petition for review of
- -
- Application number
- 09789695.5
- IPC class
- A61M 1/00
- 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
- Reduced pressure wound closure systems
- Applicant name
- KCI Licensing, Inc.
- Opponent name
- Smith and Nephew, Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3)European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Novelty - main and first auxiliary request (no); second auxiliary request (yes)
Admittance of a declaration and hearing of a technical expert (no)
Sufficiency of disclosure - second auxiliary request (yes) - Catchword
- -
- Cited cases
- T 0474/04
- 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:
Claims 1-7 according to the second auxiliary request filed with the submission dated 26 October 2020
Description:
Paragraphs 1-6 and 12-46 as filed on 21 May 2021 during the oral proceedings before the Board
Drawings:
Figures 1-5B as filed on 21 May 2021 during the oral proceedings before the Board.