European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2012:T147309.20121218|
|Date of decision:||18 December 2012|
|Case number:||T 1473/09|
|IPC class:||H01F 27/12|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Intelligent analysis system and method for fluid-filled electrical equipment|
|Applicant name:||GENERAL ELECTRIC COMPANY
PROLEC-GE, S. de R.L. de C.V.
|Opponent name:||SIEMENS AKTIENGESELLSCHAFT|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appeal of the opponent lies against the decision of the Opposition Division dated 8 May 2009 rejecting the opposition against the European Patent EP-B-1085534.
II. The patent has meanwhile lapsed in all designated Contracting States.
III. The appellant (opponent) was informed by a communication of the Board of Appeal dated 29 August 2012 that the patent has lapsed and that the appeal proceedings will be discontinued if no request for continuation is filed by the appellant within two months from the notification of the communication. No such request has been filed.
Reasons for the Decision
1. Pursuant to Rule 60(1) EPC 1973 in conjunction with Rule 66(1) EPC 1973, proceedings are not continued after the European patent has lapsed by non-payment of the renewal fees unless at the request of an opponent filed within two months as from the notification by the European Patent Office of the lapse.
2. The appellant (opponent) has been informed of the lapse by a communication of the Board dated 29 August 2012. No request for continuation has been filed. The proceedings are thus to be terminated.
For these reasons it is decides that:
The appeal proceedings are terminated.