T 0629/19 of 02.08.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T062919.20220802
- Date of decision
- 2 August 2022
- Case number
- T 0629/19
- Petition for review of
- -
- Application number
- 11760268.0
- IPC class
- A61B 5/00
- 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
- MEDICAL DEVICE INSERTERS AND PROCESSES OF INSERTING AND USING MEDICAL DEVICES
- Applicant name
- Abbott Diabetes Care, Inc.
- Opponent name
- Dexcom, 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 84Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Sufficiency of disclosure - (yes)
Amendments - extension beyond the content of the application as filed (no)
Novelty - (yes)
Inventive step - (yes)
Claims - clarity in view of the description
Claims - (yes)
Late-filed facts - objection withdrawn before the opposition division - admitted (no) - Catchword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 European patent in amended form in the following version:
- claims 1 to 12, filed as auxiliary request 3 on
23 April 2019;
- description, pages 2, 3 and 31 filed during oral
proceedings on 2 August 2022 (labelled "description -
main request"), and pages 4 to 30 of the patent
specification
- drawings of the patent specification.