T 1247/19 of 25.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T124719.20240125
- Date of decision
- 25 January 2024
- Case number
- T 1247/19
- Online on
- 4 March 2024
- Petition for review of
- -
- Application number
- 14158156.1
- IPC class
- A61B 17/66A61M 5/142
- 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
- Implantable device
- Applicant name
- MPS Micro Precision Systems AG
- Opponent name
- Lakeview Innovation Ltd.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary request I (no) - auxiliary request II (yes)
Late-filed evidence - submitted with the statement of grounds of appeal - admitted (yes)
Late-filed facts - submitted during oral proceedings admitted (no) - 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 12 of auxiliary request II, filed with
letter dated 25 November 2019
- description pages 2 to 4 as filed at the oral
proceedings before the Board
- drawings of the patent specification