T 1838/16 of 21.07.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T183816.20210721
- Date of decision
- 21 July 2021
- Case number
- T 1838/16
- Petition for review of
- -
- Application number
- 11715851.9
- IPC class
- A61M 1/00A61F 13/02
- 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
- Evaporative body-fluid containers
- Applicant name
- KCI Licensing, Inc.
- Opponent name
- Smith and Nephew, Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84
- Keywords
- Novelty - (yes)
Novelty - main request (yes)
Inventive step - main request (yes)
Sufficiency of disclosure - main request (yes)
Claims - clarity
Claims - main request (yes)
Amendments - added subject-matter (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 to 15 of the main request, filed with the letter setting out the grounds of appeal,
- paragraphs 1 to 5 and 8 to 93 of the description filed during the oral proceedings before the Board
and
- figures 1 to 17 as filed during the oral proceedings before the Board.