T 0622/23 of 30.04.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T062223.20250430
- Date of decision
- 30 April 2025
- Case number
- T 0622/23
- Petition for review of
- -
- Application number
- 11713597.0
- 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
- TRANSCATHETER PROSTHETIC HEART VALVE DELIVERY DEVICE WITH STABILITY TUBE
- Applicant name
- Medtronic Inc.
- Opponent name
- Abbott Cardiovascular Systems, Inc.
Boston Scientific Corporation - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(2)
- Keywords
- Novelty - auxiliary request 3 (no)
Novelty - 5 (yes)
Inventive step - auxiliary request 5 (yes)
Sufficiency of disclosure - auxiliary request 5 (yes)
Amendments - added subject-matter
Amendments - auxiliary request 5 (no)
Amendment to case - reordering of requests (yes)
Amendment to case - admitted
(no) - auxiliary request 5 (no) - admitted (yes) - 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 in the following version:
- claims 1 to 6 of auxiliary request 5 as filed with the patent proprietor's statement setting out its grounds of appeal,
- description: paragraphs [0001] to [0009], [0011] to [0050] and [0052] to [0068] of the patent specification, paragraph [0010] as filed during the oral proceedings before the Opposition Division on 25 January 2023, and paragraph [0051] as filed during the oral proceedings before the Board on 30 April 2025, and
- the drawings of the patent specification.