T 1138/18 of 20.01.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T113818.20220120
- Date of decision
- 20 January 2022
- Case number
- T 1138/18
- Petition for review of
- -
- Application number
- 09791656.3
- IPC class
- A61M 25/00A61M 25/06
- 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
- INTRODUCER SHEATH WITH ENCAPSULATED REINFORCING MEMBER
- Applicant name
- Cook Medical Technologies LLC
- Opponent name
- Boston Scientific Corporation
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request - clarity (no)
Auxiliary requests 1 to 5 - clarity (no)
Auxiliary request 6 - product-by-process features sufficiently substantiated (no) - admitted (no)
Auxiliary requests 7 to 9 - novelty (no)
Auxiliary request 10 - novelty (yes) - inventive step (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 with
the order to maintain a patent in the following
version:
- Claims 1 to 5 of auxiliary request 10
filed with the letter dated 13 December 2018
- Description: columns 1 to 5 as filed during the
oral proceedings before the Board and columns
6 to 9 of the patent as granted
- Figures 1 to 3 of the patent as granted