T 0375/01 () of 10.2.2006

European Case Law Identifier: ECLI:EP:BA:2006:T037501.20060210
Date of decision: 10 February 2006
Case number: T 0375/01
Application number: 92310895.5
IPC class: B32B 27/32
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 51.909K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Polymeric films
Applicant name: Treofan Germany GmbH & Co. KG
Opponent name: Mobil Oil Corporation
Board: 3.3.07
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: -
Catchwords:

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Cited decisions:
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Citing decisions:
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Summary of Facts and Submissions

I. The appeal lies from the decision of the Opposition Division of the European Patent Office posted on 5 February 2001 rejecting the opposition filed against European patent No. 0 546 741.

II. On 29 March 2001 the opponent (appellant) lodged an appeal against the decision and paid the prescribed fee on the same day. A statement of grounds was filed on 8 June 2001.

III. In reply to the summons to oral proceedings and the communication of the Board of 12 January 2006, the respondent's (proprietor's) representative stated by letter dated 25 January 2006, that the proprietor no longer approved the text in which the patent was granted.

Reasons for the Decision

1. The appeal is admissible.

2. In accordance with Article 113(2) EPC, the EPO can maintain a patent only on the basis of a text agreed by the proprietor of the patent. No text can be considered agreed where the proprietor, without submitting an amended text, expressly states that he no longer approves of the text of the patent as granted or previously amended. In such a situation a substantive requirement for maintaining the patent is lacking and the proceedings are to be terminated by a decision ordering revocation, without going into the substantive issues (Case Law of the Boards of Appeal, 4th edition 2001, VII.D.11.3, page 540 of the English version).

ORDER

For these reasons it is decided that:

1. The decision of the Opposition Division dated 5 February 2001 is set aside.

2. European patent No. 0 546 741 is revoked.

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