European Patent Office

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)
OJ versions
No OJ links found
Other decisions for this case
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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.