European Patent Office

T 0426/89 (Pacemaker) of 28.06.1990

European Case Law Identifier
ECLI:EP:BA:1990:T042689.19900628
Date of decision
28 June 1990
Case number
T 0426/89
Petition for review of
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Application number
83110823.8
IPC class
A61N 1/362
Language of proceedings
German
Distribution
Published in the EPO's Official Journal (A)
Download
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Other decisions for this case
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Abstracts for this decision
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Application title
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Applicant name
Siemens
Opponent name
Biotronik
Board
3.4.01
Headnote

1. A claim relating to a "method for operating" a device is not "clear" (Article 84 EPC) if the claimed features only describe how the device works.

2. If, in order to clarify such a claim, it is amended to a product claim during opposition (appeal) proceedings, that does not constitute a(n) (inadmissible) change of category (cf. T 378/86 - 3.2.2 of 21 October 1987 "Change of category/MOOG", OJ EPO 1988, 386).

Keywords
Treatment by therapy
Clarity of claims
Admissibility of a change of category during opposition proceedings
Catchword
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Cited cases
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ORDER

For these reasons it is decided that:

1. The contested decision is set aside.

2. The matter is remitted to the first instance with the order that the patent according to the respondents' auxiliary request I be maintained with the following amendments: Claims 1 to 15 to be replaced by Claims 1 to 13 as submitted during the oral proceedings held on 28 June 1990; the title and description column 1, line 1 to column 10, line 19 to be replaced by the title and description column 1, line 1 to column 10, line 19 filed on 5 June 1990.