T 0558/20 (BONE REGENERATION / Agnovos) of 20.04.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T055820.20230420
- Date of decision
- 20 April 2023
- Case number
- T 0558/20
- Petition for review of
- -
- Application number
- 11734215.4
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 054
- Application title
- COMPOSITION COMPRISING CALCIUM PHOSPHATE, SULFATE POWDERS OR DMB USED IN THE TREATMENT OF DEGENERATIVE BONE CONDITIONS
- Applicant name
- Agnovos Healthcare, LLC
- Opponent name
- Bone Support AB
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 53(c)European Patent Convention Art 54(5)European Patent Convention Art 56
- Keywords
- Novelty - novelty of use
Novelty - second (or further) medical use
Novelty - main request (no)
Novelty - auxiliary request (yes)
Method steps as limiting features of the claim (yes)
Inventive step - auxiliary request (yes)
Inventive step - non-obvious solution - Catchword
- On the assessment of novelty under Article 54(5) EPC (point 2 of the reasoning), in particular when a claim defines a combined surgical and therapeutic method (points 3.2 and 5 of the reasoning)
- Cited cases
- G 0002/08
- Citing cases
- T 1259/22
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 on the basis of auxiliary request 2 as filed with letter dated 10 October 2019 (claims 1 to 17) and a description adapted thereto.