T 0948/19 of 20.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T094819.20240220
- Date of decision
- 20 February 2024
- Case number
- T 0948/19
- Petition for review of
- -
- Application number
- 12193934.2
- 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
- Methods for processing analyte sensor data for sensor calibration
- Applicant name
- DexCom, Inc.
- Opponent name
- Abbott Diabetes Care Inc.
Roche Diabetes Care GmbH - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request (yes)
Remittal to the department of first instance
Remittal - (yes) - Catchword
- In a last-instance decision, when a request is not allowed on other grounds it is normally superfluous to address further objections raised against that same request that were found unconvincing after having been discussed at oral proceedings. However, the situation is different for a decision of an opposition division, which may be the subject of an appeal. In this case, if the Board is not convinced by the reasons the opposition division gave in support of precluding the maintenance of the patent on the basis of a certain request, the lack of a decision to review in respect of the aforementioned further objections may result in a remittal for the consideration of said further objections, resulting in a delay in the proceedings (point 7 of the Reasons).
- 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 for further prosecution.