T 1436/18 of 09.09.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T143618.20220909
- Date of decision
- 9 September 2022
- Case number
- T 1436/18
- Petition for review of
- -
- Application number
- 10771732.4
- IPC class
- A61M 5/28
- 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
- Drug delivery devices and method of assembly
- Applicant name
- Sanofi-Aventis Deutschland GmbH
- Opponent name
- Novo Nordisk A/S
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request 6 (yes)
Auxiliary requests 1-5 filed in appeal - admissibility (no)
Auxiliary request 6 filed in appeal - admissibility (yes)
Inventive step - auxiliary request 6 (yes)
Amendment after summons - taken into account (no)
Sufficiency of disclosure - enabling disclosure (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 as amended in the following version:
Description:
Paragraphs [0001] to [0055] as filed during oral proceedings before the opposition division dated 20 February 2018.
Claims:
No. 1 to 8 according to auxiliary request 6 filed with the statement of grounds of appeal of the patent proprietor dated 8 August 2018.
Drawings:
Sheet(s): 1/4 to 4/4 of the patent specification.