T 0858/22 of 27.11.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T085822.20241127
- Date of decision
- 27 November 2024
- Case number
- T 0858/22
- Petition for review of
- -
- Application number
- 14735331.2
- IPC class
- A61M 5/32A61M 25/06
- 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
- SPRING CLIP NEEDLE GUARD
- Applicant name
- Greiner Bio-One GmbH
- Opponent name
- B. Braun Melsungen AG
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
- Keywords
- Grounds for opposition - added subject-matter (yes)
Amendments - intermediate generalisation
Inventive step - auxiliary request (yes)
Amendment to case - exercise of discretion
Late-filed request - circumstances of appeal case justify admittance (yes)
Late-filed request - admitted (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0404/23
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 in amended form on the basis of the following documents:
- Claims 1-7 according to auxiliary request 3A as filed with the letter dated 17 October 2022;
- Description paragraphs 1-6 and 8-23 as granted and paragraph 7 according to auxiliary request 3A as filed with the letter dated 17 October 2022;
- Figures 1 and 2 as granted.