T 0275/02 () of 17.9.2004

European Case Law Identifier: ECLI:EP:BA:2004:T027502.20040917
Date of decision: 17 September 2004
Case number: T 0275/02
Application number: 93116645.8
IPC class: A61F 13/15
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 52.194K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Disposable absorbent garment
Applicant name: KIMBERLY-CLARK WORLDWIDE, INC.
Opponent name: SCA Hygiene Products AB
The Procter & Gamble Company
Board: 3.2.06

Headnote

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Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: Revocation at the instigation of the patent proprietor
Catchwords:

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Cited decisions:
T 0073/84
Citing decisions:
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Summary of Facts and Submissions

I. An interlocutory decision of the opposition division concerning maintenance of the European patent No. 0. 587 196 in amended form was posted on 18 January 2002.

II. The appellant (opponent O2) appealed against this decision by a letter filed on 14 March 2002, paid the fee for appeal on the same day and filed a Statement of Grounds of Appeal on 22 May 2002. It requested that the patent be revoked.

III. In a letter filed on 18 August 2004, the respondent (patentee) withdrew the consent to the text of the patent in the form in which it was upheld by the opposition division, or in any other form, and requested revocation of the patent.

Reasons for the Decision

1. The appeal is admissible.

2. It follows from Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the Respondent's request for revocation of its patent, the present European patent has to be revoked (cf. T 73/84; OJ EPO 1985, 241).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. European patent No. 0 587 196 is revoked.

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