T 1424/23 of 24.11.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T142423.20251124
- Date of decision
- 24 November 2025
- Case number
- T 1424/23
- Online on
- 28 November 2025
- Petition for review of
- -
- Application number
- 17770763.5
- IPC class
- A61B 17/22A61D 1/02
- 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
- Abstract on Article 123(2) EPC
- Application title
- ROTATIONAL ATHERECTOMY DEVICE WITH A SYSTEM OF ECCENTRIC ABRADING HEADS
- Applicant name
- Cardiovascular Systems, Inc.
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Oral proceedings - withdrawal of request for oral proceedings
Amendments
Remittal - special reasons for remittal - Catchword
- When assessing compliance of a European patent application with Article 123(2) EPC, it has to be established whether or not the application has been amended in such a way that it contains subject-matter which extends beyond the content of the application as filed.
If the claims filed on entry into the European phase do not correspond to those of the application as filed, those claims filed on entry into the European phase do not provide a basis for assessment of the compliance of amendments with Article 123(2) EPC. - Cited cases
- G 0003/89
- 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 examining division
for further prosecution.