T 1690/06 () of 7.5.2009

European Case Law Identifier: ECLI:EP:BA:2009:T169006.20090507
Date of decision: 07 May 2009
Case number: T 1690/06
Application number: 99109338.6
IPC class: B41M 5/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 90.753K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Ink jet recording sheet
Applicant name: MITSUBISHI PAPER MILLS, LTD.
Opponent name: Felix Schoeller jr. Foto-und Spezialpapiere GmbH & Co. KG
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: Revocation at request of patent proprietor
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

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.

ORDER

For these reasons it is decided that:

The decision under appeal is set aside.

The patent is revoked.

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