T 0013/05 () of 8.3.2007

European Case Law Identifier: ECLI:EP:BA:2007:T001305.20070308
Date of decision: 08 March 2007
Case number: T 0013/05
Application number: 97914299.9
IPC class: D04H 1/70
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.472K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
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
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: -
Catchwords:

-

Cited decisions:
T 0534/01
Citing decisions:
-

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).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The European patent is revoked.

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