|European Case Law Identifier:||ECLI:EP:BA:2009:T055106.20090706|
|Date of decision:||06 July 2009|
|Case number:||T 0551/06|
|IPC class:||B01J 19/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Parallel reactor with internal sensing and method of using same|
|Applicant name:||Symyx Technologies, Inc.|
|Opponent name:||hte Aktiengesellschaft
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appeal is against the decision of the Opposition Division posted 31st January 2006 to revoke the European Patent 1069942.
II. The Patentee (Appellant) filed on 10th April 2006 an appeal against this decision and paid the appeal fee simultaneously; the grounds of appeal were filed on 12th June 2006.
III. With his letter dated 22nd January 2009 answering to the summons to oral proceedings issued by the Board, the Appellant informed the Board as follows: "I write to advise you that the proprietor, Symyx Technologies, Inc will not be attending Oral Proceedings. In addition, I hereby withdraw all claim requests before the Board."
IV. With the official communication dated 08th April 2009 the Board pointed out that this submission being unclear, the Appellant was invited to clarify.
Furthermore it was stated that in case of absence of any reply within a period of two months, the appeal would be considered withdrawn.
V. The Appellant did not submit any reply within the given time limit.
Reasons for the Decision
Given the reasons mentioned above the Board interprets Appellant's statement of 22nd January 2009 as a withdrawal of the appeal.
For these reasons it is decided that:
The appeal is considered withdrawn.