T 1692/17 of 24.07.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T169217.20180724
- Date of decision
- 24 July 2018
- Case number
- T 1692/17
- Online on
- 27 September 2018
- Petition for review of
- -
- Application number
- 10174741.8
- IPC class
- A61L 15/42A61M 1/00A61F 13/00
- 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
- Process for making a porous pad for use in a wound therapy device
- Applicant name
- KCI Licensing, Inc.
- Opponent name
- Paul Hartmann AG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)European Patent Convention Art 76(1)European Patent Convention Art 100(c)European Patent Convention Art 111(1)European Patent Convention Art 123(2)
- Keywords
- Grounds for opposition - subject-matter of the patent as granted extends beyond content of earlier application (yes)
Late-filed auxiliary requests - admitted (yes)
Auxiliary requests - subject-matter extends beyond content of earlier application - first to third (yes) - fourth (no)
Fourth auxiliary request - extension beyond the content of the application as filed (no)
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
- Cited cases
- T 0055/17
- Citing cases
- T 0055/17
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.