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
- -
- Application number
- 11722120.0
- IPC class
- A61F 13/02
- 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
- WOUND DRESSING
- Applicant name
- Smith & Nephew PLC
- Opponent name
- KCI Licensing Inc.
- Board
- 3.2.06
- Headnote
- -
- 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
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.