|European Case Law Identifier:||ECLI:EP:BA:2008:T089906.20080826|
|Date of decision:||26 August 2008|
|Case number:||T 0899/06|
|IPC class:||B23B 27/16|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Cutting insert and tool|
|Applicant name:||Sandvik Intellectual Property AB|
|Opponent name:||Iscar Ltd.|
|Relevant legal provisions:||
|Keywords:||Request withdrawn - no approved text Art. 113(2) EPC 1973|
Summary of Facts and Submissions
I. In its interlocutory decision posted on 8 May 2006, the opposition division decided that European patent number 1 129 805 in its amended form met the requirements of the European Patent Convention.
II. The appellant (opponent) filed an appeal against the decision and requested revocation of the patent.
III. The proprietor (respondent) requested dismissal of the appeal or alternatively maintenance of the patent in an amended form based on the claims of one of its auxiliary requests.
IV. At the end of the oral proceedings of 26 August 2008, the respondent (proprietor) withdrew all its requests and did not approve any text for maintaining the patent.
The appellant confirmed its request for revocation of the patent.
Reasons for the Decision
No requests in the proceedings - Article 113(2) EPC 1973
Since the respondent withdrew all requests and did not approve any text for maintaining the patent, there is consequently no text in the proceedings which has been submitted to the European Patent Office (EPO), or agreed, by the proprietor, on which the EPO can take a decision regarding maintenance of the patent (Article 113(2) EPC 1973).
The patent must therefore be revoked.
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.