T 0789/05 21-04-2008
Téléchargement et informations complémentaires:
Multi layer tubing suitable for use in motor vehicles
Summary of Facts and Submissions
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.
Reasons for the Decision
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
For these reasons it is decided that:
The patent remains revoked.