T 0935/21 of 12.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T093521.20231212
- Date of decision
- 12 December 2023
- Case number
- T 0935/21
- Petition for review of
- -
- Application number
- 07007950.4
- IPC class
- A61C 8/00
- 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
- Dental implant having a surface made of a ceramic material
- Applicant name
- Straumann Holding AG
- Opponent name
- Vita Zahnfabrik H. Rauter GmbH & Co. KG
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 015(3)
- Keywords
- Inventive step - (yes)
Sufficiency of disclosure - (yes)
Claims - lack of clarity no ground for opposition
Amendments - broadening of claim (no)
Oral proceedings - held in absence of party
Late-filed request - should have been submitted in first-instance proceedings (no)
Late-filed request - admitted (yes) - Catchword
- -
- Cited cases
- G 0003/14
- 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:
No. 1 to 4 according to auxiliary request 4 filed with the letter of 27 August 2021
Description:
Pages 2 to 9 received during oral proceedings of 12 December 2023
Drawings:
Figures 1 to 15 of the patent specification