European Patent Office

T 2252/17 of 14.10.2021

European Case Law Identifier
ECLI:EP:BA:2021:T225217.20211014
Date of decision
14 October 2021
Case number
T 2252/17
Petition for review of
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Application number
11722120.0
IPC class
A61F 13/02
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
WOUND DRESSING
Applicant name
Smith & Nephew PLC
Opponent name
KCI Licensing Inc.
Board
3.2.06
Headnote
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Relevant legal provisions
European Patent Convention Art 113(2)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal Art 12(4)
Keywords
Late-filed main request - should have been submitted in first-instance proceedings (yes)
Auxiliary request 1 - amendments - added subject-matter (yes)
Catchword
Strategic or speculative reasons as to what might possibly please the opposition division, or not, do not justify delaying the filing of such a request until the appeal proceedings (see Reasons 1.1.5)
Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.