T 2489/22 of 13.03.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T248922.20250313
- Date of decision
- 13 March 2025
- Case number
- T 2489/22
- Online on
- 16 May 2025
- Petition for review of
- -
- Application number
- 12008236.7
- IPC class
- A61M 1/00A61M 27/00
- 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
- Device for wound therapy
- Applicant name
- Smith & Nephew, Inc.
- Opponent name
- KCI Manufacturing Unlimited Company
Pajaro Limited - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 104(1)European Patent Convention Art 123(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)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 016(1)
- Keywords
- Amendments - added subject-matter (no)
Novelty - (yes)
Inventive step - (yes)
Amendment to case - amendment admitted (no)
Late-filed objection - admitted (no)
Apportionment of costs - (no) - Catchword
- -
- Cited cases
- T 2490/22
- 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 in the following version:
- claims 1 to 18 of the main request, filed with
letter dated 27 January 2023,
- the description and the drawings of the patent specification.
3. The request for apportionment of costs against opponent 2 is rejected.