T 0842/18 of 17.09.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T084218.20210917
- Date of decision
- 17 September 2021
- Case number
- T 0842/18
- Petition for review of
- -
- Application number
- 11182622.8
- 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
- Analyte sensor
- Applicant name
- DexCom, Inc.
- Opponent name
- Abbott Diabetes Care Inc.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84
- Keywords
- Novelty - (yes)
Inventive step - (yes)
Claims - clarity (yes)
Sufficiency of disclosure - (yes)
Amendments - allowable (yes)
Late-filed request - admitted in first-instance proceedings (yes) - 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 Opposition Division with the order to maintain the patent in the following version:
- Claim 1 of auxiliary request 2, filed with the letter
dated 29 May 2018,
- description: pages 1 and 3 to 73 of the patent as
granted, pages 2 and 74 as filed during the oral
proceedings before the Opposition Division on 14
September 2017, and page 2a as filed during the oral
proceedings before the Board,
- Figures 1 to 27 of the patent as granted.