T 0450/20 of 09.03.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T045020.20230309
- Date of decision
- 9 March 2023
- Case number
- T 0450/20
- Petition for review of
- -
- Application number
- 09711843.4
- IPC class
- A61B 17/22
- 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
- Abstract on EPC2000 Art 069
- Application title
- APPARATUS FOR FLOW RESTORATION
- Applicant name
- Covidien LP
- Opponent name
- Phenox GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112European Patent Convention Art 54European Patent Convention R 124Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty - main request (no)
Novelty - auxiliary requests (no)
Claim interpretation in the light of the description (yes)
Referral to the Enlarged Board of Appeal - (no)
Amendment after summons - exceptional circumstances (no)
Minutes of oral proceedings - request to record statement in the minutes (refused) - Catchword
- Under Article 69(1) EPC the description and the drawings can only be used for interpreting features which are already present in the claims, but not for adding further - positive or negative - claim features or for replacing existing claim features by others (Reasons 2.15). The application as filed usually cannot provide guidance for interpreting the claims of the patent as granted (Reasons 2.16). A board of appeal is not limited to the claim interpretations advanced by the parties but may also adopt a claim interpretation of its own (Reasons 3.4.2). Relying on documentary evidence is not a precondition for the adoption of a certain claim interpretation by a board of appeal (Reasons 3.4.3).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.