14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2008:T078905.20080421|
|Date of decision:||21 April 2008|
|Case number:||T 0789/05|
|IPC class:||F16L 9/12|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Multi layer tubing suitable for use in motor vehicles|
|Applicant name:||ITT Manufacturing Enterprises, Inc.|
|Opponent name:||Degussa AG|
|Relevant legal provisions:||
|Keywords:||Revocation at request of patent proprietor|
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.
For these reasons it is decided that:
The patent remains revoked.