T 1764/17 of 22.09.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T176417.20200922
- Date of decision
- 22 September 2020
- Case number
- T 1764/17
- Petition for review of
- -
- Application number
- 08855060.3
- IPC class
- A62B 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
- RESPIRATOR SYSTEM INCLUDING REMOVABLE HEAD SUSPENSION
- Applicant name
- 3M Innovative Properties Company
- Opponent name
- Drägerwerk AG & Co. KGaA
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2) (2007)European Patent Convention Art 56 (2007)European Patent Convention R 80 (2007)
- Keywords
- Novelty - (yes)
Amendment occasioned by ground for opposition - (no)
Inventive step - main request (no)
Inventive step - auxiliary request (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1807/18
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 in amended form as follows:
Claims:
Claims 1-5 of auxiliary request 29, filed with the letter dated 27 February 2018
Description:
pages 2 and 3 as filed during oral proceedings before the Board on 22 September 2020,
pages 4-6 as in the published patent specification
Drawings:
Figures 1-9 as in the published patent specification.