T 2766/17 of 17.03.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T276617.20220317
- Date of decision
- 17 March 2022
- Case number
- T 2766/17
- Petition for review of
- -
- Application number
- 03748966.3
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- PACKAGING AND DISPENSING OF RAPID DISSOLVE DOSAGE FORM
- Applicant name
- MonoSolRX, LLC
- Opponent name
- LTS LOHMANN Therapie-Systeme AG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Amendment occasioned by ground for opposition - (yes)
Remittal - special reasons for remittal
Remittal - (no)
Amendments - added subject-matter (no)
Novelty - (yes)
Inventive step - (yes)
Adaptation of the description (yes) - Catchword
- Statements in the description contradicting the plain claim wording may cast doubts as to the intended meaning of this wording. Under such circumstances an objection under Article 84 EPC has to be raised.
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 the following version:
- claims 1 to 37 of auxiliary request 7b, filed
at the oral proceedings before the Board
- description pages 2 to 5 as filed during the oral
proceedings before the Board and 6 to 8 of
the patent specification
- Figures 1 to 21 of the patent specification