T 1771/17 of 10.05.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T177117.20210510
- Date of decision
- 10 May 2021
- Case number
- T 1771/17
- Petition for review of
- -
- Application number
- 11710636.9
- IPC class
- A61M 5/162A61M 5/32A61M 25/06
- 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
- TIP PROTECTOR FOR A SAFETY CATHETER
- Applicant name
- Smiths Medical ASD, Inc.
- Opponent name
- Becton, Dickinson and Company
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Novelty
Amendments - added subject-matter
Amendment to appeal case - new objection not admitted
Amendment to appeal case - claim amendment admitted - Catchword
- -
- Cited cases
- -
- 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 with claims 1 to 33 of auxiliary request 2B filed with the letter dated 7 April 2021, and a description and drawings to be adapted.