by Daniel X. Thomas
The application relates to a replacement heart valve for use within a human body.
Brief outline of the procedure
The application was refused by the ED for lack of clarity.
The replacement valve is supported by a stent and comprises as well an inner fabric (122) and an outer fabric (126),
by Daniel X. Thomas
The decision is interesting in that the board found the Guidelines inconsistent with case law when it comes to Interlocutory Revision under Art 109.
Brief outline of the case
The applicant appealed the decision of the ED that claim 1 of the sole request was lacking N over D5, PA under Art 54(3).
by Daniel X. Thomas
Following T 1989/18 according to which the description does not have to be adapted, T 1444/20 approves T 1989/18 and also quotes R 42(1,c) and R 48(1,c).
The decision of the ED
In the communication under R 71(3) the applicant was informed that the division intended to grant a patent whereby pages 29 to 41 of the description were to be deleted.