T 0789/05 21-04-2008
European Case Law Identifier
ECLI:EP:BA:2008:T078905.20080421
Date of decision
Case number
T 0789/05
Petition for review of
-
Application number
IPC class
Language of proceedings
EN
Distribution
NO DISTRIBUTION (D)
Download and more information:
Documentation of the appeal procedure can be found in the
European Patent Register
Bibliographic information is available in:
Versions
Unpublished
Application title
Multi layer tubing suitable for use in motor vehicles
Applicant name
ITT Manufacturing Enterprises, Inc.
Opponent name
Degussa AG
Board
3.2.05
Headnote
-
Relevant legal provisions
Keywords
Revocation at request of patent proprietor
Catchword
-
Cited decisions
-
Citing decisions
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I. The appeal is against the decision of the Opposition Division posted 27 April 2005 revoking European patent No. 0 755 493.
II. In his letter dated 3 April 2008 the appellant (patent proprietor) requested that the patent be revoked.
The appellant has made it clear that he wishes the patent to be revoked, see point II. Since it follows from the provision according to Article 113(2) EPC that a European cannot be maintained against the proprietor's will, the Board has decided, in agreement with the decision of the opposition division, that the patent remains revoked.
Order
ORDER
For these reasons it is decided that:
The patent remains revoked.