T 0321/21 of 29.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T032121.20240229
- Date of decision
- 29 February 2024
- Case number
- T 0321/21
- Petition for review of
- -
- Application number
- 06789408.9
- IPC class
- A61B 17/34A61B 17/88A61B 17/70
- 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
- SYSTEM FOR SPINAL IMPLANT PLACEMENT
- Applicant name
- Stryker European Holdings I, LLC
- Opponent name
- Roth, Sebastian
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Substantiation requirement - general applicability
Amendment after notificiation of a communication under Article 15(1) RPBA - exceptional circumstances (no)
Amendments - extension beyond the content of the application as filed (no)
Amendments - broadening of claim (no) - Catchword
- -
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 11 filed as 14th auxiliary request by letter dated 22 December 2023
- description and drawings of the patent specification