T 1738/17 of 26.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T173817.20211026
- Date of decision
- 26 October 2021
- Case number
- T 1738/17
- Petition for review of
- -
- Application number
- 10184766.3
- IPC class
- A61B 17/06A61B 17/04
- 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
- Barbed sutures
- Applicant name
- Ethicon LLC
- Opponent name
- Covidien LP
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Amendment to appeal case - exceptional circumstances (no)
Amendment to appeal case - taken into account (no)
Added subject-matter
Sufficiency of disclosure
Inventive step - Catchword
- -
- 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: claims 1-14 of auxiliary request 1 filed on 21 February 2018
Description: paragraphs [0001]-[0121] and [0123]- [0173] of the patent specification, and paragraph [0122] filed during the oral proceedings before the board on 26 October 2021
Drawings: Figures 1A-13D of the patent specification.