European Patent Office

T 3024/18 of 15.12.2022

European Case Law Identifier
ECLI:EP:BA:2022:T302418.20221215
Date of decision
15 December 2022
Case number
T 3024/18
Online on
9 March 2023
Petition for review of
-
Application number
13197251.5
IPC class
A61M 16/06
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Mask system
Applicant name
ResMed Pty Ltd
Opponent name
Fisher & Paykel Healthcare GmbH
Board
3.2.02
Headnote
-
Keywords
Novelty - main request (no)
Novelty - auxiliary request (yes)
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Claims - clarity
Claims - auxiliary request (yes)
Inventive step - auxiliary request (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:

- claims 1 to 14 of auxiliary request II filed with letter dated 24 October 2019

- description and drawings of the patent specification