T 0882/17 of 21.06.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T088217.20220621
- Date of decision
- 21 June 2022
- Case number
- T 0882/17
- Petition for review of
- -
- Application number
- 12161435.8
- IPC class
- A61B 19/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Surgical planning
- Applicant name
- KINGS COLLEGE LONDON
DePuy International Limited - Opponent name
- Calibre Search Ltd.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of appeal - appeal sufficiently substantiated (yes)
Admissibility of opposition
Appeal decision - extent of examination
Appeal decision - reformatio in peius
Late-filed evidence - submitted shortly before oral proceedings
Late-filed evidence - admitted (no)
Novelty - (yes)
Inventive step - (yes) - Catchword
- If the opponent is the sole appellant against an interlocutory decision maintaining a patent in amended form, an objection related to the inadmissibility of the opposition is subject to the principle of the prohibition of reformatio in peius. In such a procedural situation, the Board is prohibited from ordering the maintenance of the patent as granted due to the inadmissibility of the opposition (Reasons 3.19).
Order
For these reasons it is decided that:
The appeal is dismissed.