T 2119/22 of 24.09.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T211922.20240924
- Date of decision
- 24 September 2024
- Case number
- T 2119/22
- Online on
- 4 November 2024
- Petition for review of
- -
- Application number
- 18210730.0
- IPC class
- A61M 1/36
- 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
- PNEUMATIC MANIFOLD FOR A DIALYSIS SYSTEM
- Applicant name
- Mozarc Medical US LLC
- Opponent name
- B. Braun Avitum AG
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 84European Patent Convention Art 111(2)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 11Guidelines_F-IV.4.14Guidelines_F-IV.4.14(1)RPBA_CA/3/19 concerning the revision
- Keywords
- Claims - clarity (yes)
Amendments - extension beyond the content of the application as filed (no)
Inventive step - (yes)
Appeal decision - remittal to the department of first instance (yes) - Catchword
- -
- Cited cases
- -
- 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 on the basis of the claims of the second auxiliary request as filed with the reply to the appellant's statement setting out its grounds of appeal, dated 24 March 2023, and a description to be adapted thereto.