T 1252/20 (EMBOLIC SYSTEM / 3-D) of 06.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T125220.20240206
- Date of decision
- 6 February 2024
- Case number
- T 1252/20
- Petition for review of
- -
- Application number
- 13802115.9
- IPC class
- A61L 31/04
- 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
- VASCULAR EMBOLIC SYSTEM
- Applicant name
- 3-D Matrix, Ltd.
- Opponent name
- -
- Board
- 3.3.10
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 53(c)European Patent Convention Art 54(5)Guidelines_G-VI, 7.1(1)
- Keywords
- Substance or composition - yes
Novelty - (yes) - Catchword
- The question of whether a material or an object is a "
substance or composition
" in the sense of Articles 53(c) and 54(4)or (5) EPC should be decided, in the first place, on the basis of the claimed material or object as such. If this analysis leads to the conclusion that indeed a substance or composition is present, this requirement of Article 54(4) or (5) EPC is fulfilled. No additional restrictions relating to its mode of action are derivable from the EPC (reasoning, point 12) . - Citing cases
- T 1898/23
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the Examining Division for further prosecution.