14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2009:T169006.20090507|
|Date of decision:||07 May 2009|
|Case number:||T 1690/06|
|IPC class:||B41M 5/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Ink jet recording sheet|
|Applicant name:||MITSUBISHI PAPER MILLS, LTD.|
|Opponent name:||Felix Schoeller jr. Foto-und Spezialpapiere GmbH & Co. KG|
|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 12 September 2006 maintaining the European patent No. 0 949 084 in amended form.
II. The appellant requested that the decision under appeal be set aside and that the patent in suit be revoked.
III. In his letter dated 24 April 2009 the respondent (patent proprietor) requested that the patent be revoked.
Reasons for the Decision
The respondent/patent proprietor has made it clear that he wishes the patent to be revoked, see point III. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the patent has to be revoked.
For these reasons it is decided that:
The decision under appeal is set aside.
The patent is revoked.