T 0719/18 of 28.06.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T071918.20220628
- Date of decision
- 28 June 2022
- Case number
- T 0719/18
- Petition for review of
- -
- Application number
- 11161916.9
- 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
- Method and apparatus for monitoring a treatment of a patient, preferably for monitoring hemodialysis, hemodiafiltration and/or peritoneal dialysis
- Applicant name
- Fresenius Medical Care Deutschland GmbH
- Opponent name
- B. Braun Avitum AG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Inventive step - auxiliary request (yes)
Late-filed objection - admitted (no) - Catchword
- -
- Citing cases
- T 1758/22
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 15 of the new auxiliary request I,
filed as auxiliary request III by letter
dated 18 May 2018,
- description: pages 2 to 5 and 7 to 12 of the
patent specification and page 6 as filed during
the oral proceedings before the Board, and
- drawings of the patent specification.