T 1552/22 of 23.09.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T155222.20240923
- Date of decision
- 23 September 2024
- Case number
- T 1552/22
- Petition for review of
- -
- Application number
- 17168875.7
- IPC class
- A61F 2/24
- 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
- ANNULOPLASTY IMPLANT
- Applicant name
- HVR Cardio Oy
- Opponent name
- Edwards Lifesciences Corporation
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 53(c)European Patent Convention Art 54European Patent Convention Art 83European Patent Convention R 106Rules of procedure of the Boards of Appeal Art 11Rules of procedure of the Boards of Appeal Art 12(3)Rules of procedure of the Boards of Appeal Art 12(5)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Main and auxiliary request - Sufficiency of disclosure - (yes)
Main and auxiliary request - Exceptions to patentability - (no)
Main request - Novelty - (no)
Remital (no)
amendment after communication under Article 15(1) admitted (no)
objection sufficiently substantiated (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 with claims 1 to 12 according to the auxiliary request 1 submitted with the reply to the statement of grounds of appeal and a description to be adapted thereto.
3. The objection under Rule 106 EPC is dismissed.