T 0443/24 of 23.03.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T044324.20260323
- Date of decision
- 23 March 2026
- Case number
- T 0443/24
- Online on
- 29 April 2026
- Petition for review of
- -
- Application number
- 17725023.0
- 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
- HEART VALVE WITH STENT HAVING VARYING CELL DENSITIES
- Applicant name
- St. Jude Medical, Cardiology Division, Inc.
- Opponent name
- Boston Scientific Corporation
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(5)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Novelty
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020
Amendment after notification of Art. 15(1) RPBA communication (yes)
Discretion not to admit submission - requirements of Art. 12(3) RPBA 2020 met (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 with the following claims and a description to be adapted thereto:
Claims 1 to 5 of auxiliary request 24 filed with the statement of grounds of appeal of the patent proprietor.