T 0760/99 of 27.08.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T076099.20020827
- Date of decision
- 27 August 2002
- Case number
- T 0760/99
- Online on
- 7 November 2002
- Petition for review of
- -
- Application number
- 90305058.1
- IPC class
- A61B 17/072
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Surgical stapling apparatus
- Applicant name
- United States Surgical Corporation
- Opponent name
- ETHICON ENDO-SURGERY, INC.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention Art 56 1973
- Keywords
- Adequate support, clarity and inventive step (yes, after ammendment)
- Catchword
- -
- 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 in amended form on the basis of claims 1 to 19 and pages 1 to 4 of the description, as submitted during the oral proceedings; rest of the description and figures as granted.