T 1285/23 of 19.09.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T128523.20250919
- Date of decision
- 19 September 2025
- Case number
- T 1285/23
- Petition for review of
- -
- Application number
- 17179765.7
- IPC class
- A61M 16/06A61M 16/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on Article 111(2) EPC
- Application title
- PATIENT INTERFACE
- Applicant name
- Fisher & Paykel Healthcare Limited
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106European Patent Convention Art 111(2)European Patent Convention Art 76(2)European Patent Convention R 103European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 011
- Keywords
- Res judicata
Binding effect of board of appeal decision on the department of first instance
Principle of the protection of legitimate expectations
Substantial procedural violation - (yes)
Reimbursement of the appeal fee (yes) - Catchword
- In view of the principle of res judicata, the Examining Division is not competent to decide in substance on a request in respect of which the Legal Board of Appeal has issued a final decision in proceedings relating to the same patent application.
- Cited cases
- G 0009/92G 0001/97J 0013/18J 0014/18T 0843/91T 0934/91T 0449/15T 2337/16T 2371/18T 2194/22
- Citing cases
- R 0003/25
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request to add Great Britain as a validly designated state in the application is refused as inadmissible.
3. The appeal fee is reimbursed.