T 0550/25 of 10.02.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T055025.20260210
- Date of decision
- 10 February 2026
- Case number
- T 0550/25
- Petition for review of
- -
- Application number
- 19772562.5
- 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
- THERAPEUTIC SEAT CUSHION EQUIPPED FOR PRESSURE MONITORING AND INFLATION SYSTEM FOR SAME
- Applicant name
- Bussert Medical, Inc.
- Opponent name
- -
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2)European Patent Convention Art 116European Patent Convention Art 153(4)European Patent Convention Art 94(3)European Patent Convention Art 97(1)European Patent Convention R 101(1)European Patent Convention R 103(1)(a)European Patent Convention R 139European Patent Convention R 140European Patent Convention R 159(1)(b)European Patent Convention R 71(3)European Patent Convention R 71(5)European Patent Convention R 71(6)
- Keywords
- Admissibility of appeal (yes)
Admissibility of appeal - appellant adversely affected despite decision to grant a patent
Failure to communicate the text intended for grant - missing drawing sheets
Allowability of appeal (yes)
Reimbursement of appeal fee (no) - 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 examining division with the order to grant a patent on the basis of the following documents:
- Description: pages 1 to 15 of the description, according to the text intended for grant submitted with the communication of the examining division under Rule 71 (3) EPC of 20 September 2024 and as contained in the "Druckexemplar"
- Claims 1 to 9, according to the text intended for grant submitted with the communication of the examining division under Rule 71 (3) EPC of 20 September 2024 and as contained in the "Druckexemplar" and
- Figures: drawing sheets as originally filed 1/5 to 5/5.