T 1522/20 of 24.10.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T152220.20241024
- Date of decision
- 24 October 2024
- Case number
- T 1522/20
- Petition for review of
- -
- Application number
- 07864990.2
- 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
- DIRECT DRIVE ENDOSCOPY SYSTEM
- Applicant name
- Boston Scientific Limited
- Opponent name
- Karl Storz SE & Co. KG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 87(1)European Patent Convention Art 88(1)Rules of procedure of the Boards of Appeal 2020 Art 012(4)
- Keywords
- Priority - first application (no)
Priority - presumption of entitlement rebutted (no)
Amendment to case (no)
Amendment to case - admissibly raised and maintained (yes)
Amendment to case - taken into account (auxiliary request 4
Amendment to case - yes)
Novelty (main request, auxiliary requests 1 to 3
Novelty - no) (auxiliary request 4
Novelty - yes)
Amendments - added subject-matter (no) - Catchword
- -
- 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 4 filed with the
patent proprietor's statement of grounds of appeal
- description and drawings of the patent specification