T 0135/17 (Tinnitus alleviation/OTICON) of 24.11.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T013517.20201124
- Date of decision
- 24 November 2020
- Case number
- T 0135/17
- Petition for review of
- -
- Application number
- 11168755.4
- IPC class
- H04R 25/00
- 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
- A hearing device for diminishing loudness of tinnitus
- Applicant name
- Oticon A/S
- Opponent name
- Sivantos Pte. Ltd.
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 53(c) (2007)European Patent Convention Art 54(3) (2007)Rules of procedure of the Boards of Appeal Art 13(2) (2020)
- Keywords
- Novelty - Art. 54(3) EPC
Novelty - main and first auxiliary request (no)
Novelty - second auxiliary request (yes, after amendment)
Inventive step - no attacks invoked by appellant-opponent
Admittance - fresh ground for opposition under Art. 53(c) EPC - (no): no approval of proprietor
Admittance - auxiliary request filed during oral proceedings - (yes): exceptional circumstances and no fresh case - Catchword
- -
- Citing cases
- T 3258/19
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 to maintain the patent in amended form in the following version:
Claims:
- 1 to 13 of the second auxiliary request as filed during the oral proceedings before the board;
Description, paragraphs:
- [0001] to [0018], [0020], [0022] to [0028], [0030] to [0039], [0041] to [0050] of the patent specification
- [0019], [0021] and [0040] as filed during the oral proceedings before the opposition division on 6 October 2016
- [0029] as filed during the oral proceedings before the board;
Drawings, sheets:
- 1/2, 2/2 of the patent specification.