T 1794/16 of 20.10.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T179416.20221020
- Date of decision
- 20 October 2022
- Case number
- T 1794/16
- Petition for review of
- -
- Application number
- 10006462.5
- IPC class
- A61B 17/072
- 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
- Surgical stapler with universal articulation and tissue pre-clamp
- Applicant name
- Covidien LP
- Opponent name
- ETHICON ENDO-SURGERY, INC.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83
- Keywords
- Sufficiency of disclosure - (yes)
Added subject-matter - (no)
Inventive step - (yes) - Catchword
- -
- 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 to 13 of the main request filed with the
letter dated 5 October 2016
- description: paragraphs [0001] to [0009] and [0011]
to [0059] of the patent specification and paragraph
[0010] as filed during the oral proceedings before
the Board
- the drawings of the patent specification