J 0012/18 of 19.05.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:J001218.20200519
- Date of decision
- 19 May 2020
- Case number
- J 0012/18
- Petition for review of
- -
- Application number
- 17195173.4
- IPC class
- A61B 5/087A61M 16/08G01F 1/68
- 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
- CONDUIT CONNECTOR FOR A PATIENT BREATHING DEVICE
- Applicant name
- Fisher&Paykel Healthcare Limited
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 76(1) (2007)European Patent Convention Art 76(2) (2007)European Patent Convention Art 79(1) (2007)European Patent Convention Art 79(3) (2007)Rules of procedure of the Boards of Appeal Art 12(3) (2020)Rules of procedure of the Boards of Appeal Art 12(4) (2007)Rules of procedure of the Boards of Appeal Art 12(4) (2020)Rules of procedure of the Boards of Appeal Art 12(6) (2020)Rules of procedure of the Boards of Appeal Art 13(1) (2020)Rules of procedure of the Boards of Appeal Art 25 (2020)
- Keywords
- Divisional application - designation of contracting states
Late-filed facts - submitted with the statement of grounds of appeal
Late-filed facts - admitted (no)
Late-filed facts - submitted during oral proceedings
Late-filed facts - admitted (no) - Catchword
- Under Article 76(2) EPC only those Contracting States that had been designated in the earlier application at time of filing the divisional can be designated in the divisional.
A designated state forfeited in the parent application at time of filing the divisional cannot be revived in the divisional one. - Cited cases
- G 0001/18
- Citing cases
- T 1966/23
Order
For these reasons it is decided that:
The appeal is dismissed.