European Patent Office

T 2557/17 of 01.03.2022

European Case Law Identifier
ECLI:EP:BA:2022:T255717.20220301
Date of decision
1 March 2022
Case number
T 2557/17
Petition for review of
-
Application number
11167763.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Methods of ensuring safe use of a surgical tool with a surgical machine
Applicant name
Alcon Inc.
Opponent name
Geuder AG
Board
3.2.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 123(2)European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Amendment after summons - exceptional circumstances (yes)
- cogent reasons (yes) - taken into account (yes)
Amendments - added subject-matter (no)
Claims - lack of clarity no ground for opposition
Appeal decision - remittal to the department of first instance
(yes)
Catchword
-
Cited cases
G 0003/14
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 for further prosecution.