14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2007:T001305.20070308|
|Date of decision:||08 March 2007|
|Case number:||T 0013/05|
|IPC class:||D04H 1/70|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process and apparatus for the production of a mineral fibreboard|
|Applicant name:||Rockwool International A/S, et al|
|Opponent name:||Paroc Oy Ab
Saint-Gobain Isover G+H AG
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The opponents and the proprietor filed appeals against the interlocutory decision of the opposition division in which it found that the amended form of the European patent 0 889 981 met the requirements of the EPC.
II. The opponents requested that the decision under appeal be set aside and that the patent be revoked.
III. During the oral proceedings held on 8 March 2007 the proprietor withdrew all requests and disapproved all texts for the patent.
Reasons for the Decision
1. The appeals are admissible.
2. According to Article 113(2) EPC, the European Patent Office shall decide upon the European patent only in the text submitted to it, or agreed, by the proprietor of the patent. In the present case the proprietor withdrew all its requests and disapproved all texts for the patent. Since the text of the patent is at the disposition of the patent proprietor, the patent can therefore only be revoked (see e.g. T 534/01).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent is revoked.