T 0619/94 of 12.12.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T061994.19951212
- Date of decision
- 12 December 1995
- Case number
- T 0619/94
- Online on
- 20 December 1995
- Petition for review of
- -
- Application number
- 88119718.0
- IPC class
- A61B 17/32
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Adjustable apparatus for removing surface portions of human tissue.
- Applicant name
- Molinari, Lorenzo and Ginebri, Otello
- Opponent name
- 0II - SIMOS S.r.l.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - (yes)
- Catchword
- The criteria used to assess the existence of an inventive step in the medical field are no different from those applicable elsewhere. However, facts and conditions prevailing in the medical field have to be taken into account adequately (cf. point 4.5).
- Cited cases
- -
- 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 first instance with the order to maintain the patent with
- independent Claims 1 and 9 filed as Annex I with the letter of 30 September 1994,
- dependent Claims 2 to 5, 7 to 9 and 11 to 14 of the patent specification but renumbered and amended as indicated in point 6.1 of said letter,
- the description of the patent specification but amended as indicated in point 6.3 of said letter, and
- the figures of the patent specification.