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
- -
- 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
- -
- 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).
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 56 1973European Patent Convention Art 69 1973European Patent Convention Art 84 1973
- 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.