T 0970/17 of 14.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T097017.20211014
- Date of decision
- 14 October 2021
- Case number
- T 0970/17
- Petition for review of
- -
- Application number
- 10183394.5
- 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
- Infusion apparatuses and related methods
- Applicant name
- C.R. Bard, Inc.
- Opponent name
- Smiths Medical ASD, Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1)European Patent Convention Art 108European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 64European Patent Convention Art 69European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of appeal - (yes)
Admittance of claim requests - (yes / no)
Admittance of documents filed in appeal - (yes / no)
Amendments - extension beyond the content of the parent application as filed
Amendments - (no)
Amendments - extension beyond the content of the application as filed
Amendments - (no)
Amendments - extension of the scope of the patent ("aliud")
Amendments - (no)
Novelty - (yes, after amendment)
Inventive step - (yes)
Sufficiency of disclosure - (yes)
Late-filed objection - admitted
Late-filed objection - (no)
Referral to the Enlarged Board of Appeal - (no)
Apportionment of costs - (no) - Catchword
- Assessing compliance with Article 123(3) EPC does not include a test taking into account national infringement laws such as the rules on contributory infringement (point 6.2 of the Reasons).
- Citing cases
- T 0321/21
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 1-17 according to the third auxiliary request filed with the proprietor's statement of grounds of appeal
- description paragraphs [0001]-[0008] and [0010]-[0141] of the patent specification and paragraph [0009] as filed during the oral proceedings before the board on 14 October 2021
- Figures 1-59 of the patent specification
3. The opponent's request for referral to the Enlarged Board of Appeal is refused.
4. The proprietor's request for apportionment of costs is refused.