| European Case Law Identifier: | ECLI:EP:BA:2024:T103122.20240425 | ||||||||
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| Date of decision: | 25 April 2024 | ||||||||
| Case number: | T 1031/22 | ||||||||
| Application number: | 14193924.9 | ||||||||
| IPC class: | G16H 40/63 G16H 50/20 G16H 50/70 A61B 5/00 A61B 5/145 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Analyte testing method and system with high and low blood glucose trends notification | ||||||||
| Applicant name: | Lifescan Scotland Limited | ||||||||
| Opponent name: | Roche Diabetes Care GmbH | ||||||||
| Board: | 3.5.05 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Revocation of the patent - (yes): no claims on file | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal lies from the decision of the opposition division maintaining the opposed patent in amended form (Article 101(3)(a) EPC).
II. The appellant (opponent) requested that the decision under appeal be set aside and that the patent be revoked. It further requested the reimbursement of the appeal fee in full (Rule 103(1)(a) EPC).
III. The respondent (patent proprietor) requested that the appeal be dismissed as its main request. As an alternative, it requested that the patent be maintained in amended form according to one of the auxiliary requests filed with its written reply to the statement setting out the grounds of appeal.
IV. The parties were summoned to oral proceedings before the board. A communication was issued under Article 15(1) RPBA including the board's negative preliminary opinion regarding compliance with Article 56 EPC as to all claim requests then on file.
V. In response to the board's preliminary opinion, the respondent declared that it no longer approved the text for which the patent was granted and withdrew all requests on file. Furthermore, the appellant withdrew its request for the reimbursement of the appeal fee.
VI. The scheduled oral proceedings were thus cancelled.
Reasons for the Decision
1. The respondent stated that it no longer approves the text of the patent as granted. Furthermore, it withdrew all the claim requests underlying these appeal proceedings.
2. It follows that there is no text agreed by the respondent upon which the board could decide (cf. Article 113(2) EPC and T 677/90). Against this background, the patent is to be revoked.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
