T 0308/23 of 03.06.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T030823.20240603
- Date of decision
- 3 June 2024
- Case number
- T 0308/23
- Petition for review of
- -
- Application number
- 13002630.5
- 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
- PROSTHETIC VALVE
- Applicant name
- Edwards Lifesciences Corporation
- Opponent name
- Meril GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 105(1)(a)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 80European Patent Convention R 89Rules 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 013(2)
- Keywords
- Intervention of the assumed infringer - in appeal proceedings
Intervention of the assumed infringer - date of intervention
Intervention of the assumed infringer - admissible (no)
Amendment after summons - exceptional circumstances (yes)
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Claims - clarity main request
Claims - clarity after amendment (yes)
Sufficiency of disclosure - main request (yes)
Divisional application - subject-matter extends beyond content of earlier application (no)
Novelty - main request (yes)
Inventive step - main request (yes)
Inventive step - non-obvious combination of known features
Requested amendment occasioned by ground for opposition - (no) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The intervention is rejected as inadmissible.
2. The decision under appeal is set aside.
3. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
Description:
Paragraphs 1-54 of the patent specification
Claims:
No. 1 - 6 according to the auxiliary request 6'' filed with letter of 24 May 2024
Drawings:
Figures 1-17 of the patent specification