T 0283/18 (A sensor assembly/RADIOMETER MEDICAL APS) of 16.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T028318.20230316
- Date of decision
- 16 March 2023
- Case number
- T 0283/18
- Online on
- 13 October 2023
- Petition for review of
- -
- Application number
- 08734511.2
- IPC class
- G01N 33/49
- 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
- A sensor assembly for body fluids
- Applicant name
- Radiometer Medical ApS
- Opponent name
- Siemens Healthcare Diagnostics Inc.
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Grounds for opposition - lack of novelty (yes)
Amendment after summons - exceptional circumstances (no)
Amendments - extension beyond the content of the application as filed (yes)
Late-filed evidence - admitted (no)
Late-filed request - admitted (no)
Auxiliary request 3 - allowable (yes) - 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 in amended form on the basis of the following documents:
- Claims 1 to 9 of auxiliary request 3 filed with the reply to the appeal on 16 August 2018 and a description possibly to be adapted thereto
- Drawings: figures 1 to 9 of the patent as granted.