T 1686/21 of 23.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T168621.20240123
- Date of decision
- 23 January 2024
- Case number
- T 1686/21
- Petition for review of
- -
- Application number
- 14163073.1
- IPC class
- A61F 2/24
- 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
- Abstract on Art 13(2) RPBA 2020
- Application title
- Minimally invasive valve replacement system
- Applicant name
- Medtronic 3F Therapeutics, Inc.
- Opponent name
- Boston Scientific Corporation
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 76(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- -
- Catchword
- Exceptional circumstances may justify the admissibility of a request filed for the first time at the oral proceedings before the board even when the amendment to the case is made in response to an objection of added subject-matter raised long in advance (see Reasons, 1.5).
- Cited cases
- -
- Citing cases
- T 1773/22
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 as amended in the following version:
Description: paragraphs 1-44, 46-158 of the patent specification, paragraph 45 as amended during the oral proceedings before the opposition division,
Claims: No. 1-9 according to the main request filed as auxiliary request 1f'' during the oral proceedings before the board, and
Drawings: 1-49 of the patent specification.