T 1667/19 of 12.11.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T166719.20211112
- Date of decision
- 12 November 2021
- Case number
- T 1667/19
- Online on
- 19 January 2022
- Petition for review of
- -
- Application number
- 10196673.7
- 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
- Software Center and Highly Configurable Robotic Systems for Surgery and other uses
- Applicant name
- Intuitive Surgical Operations, Inc.
- Opponent name
- Lavialle, Bruno François Stéphane
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Late-filed request - admitted (no) (yes)
Inventive step (no) (yes)
Divisional application - subject-matter extends beyond content of earlier application (yes)
Claims - clarity (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 according to auxiliary request 9a
filed with the submission dated 23 March 2020
- description pages 3 to 11 and 14 to 29 of the patent
specification and pages 2, 12 and 13 filed for
auxiliary request 9 with the submission dated
18 December 2019
- Figures 1A to 18G of the patent specification.