14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2013:T054711.20131219|
|Date of decision:||19 December 2013|
|Case number:||T 0547/11|
|IPC class:||C08F 283/06
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Polymers and laundry detergent compositions containing them|
|Applicant name:||Unilever PLC
|Opponent name:||The Procter & Gamble Company|
|Relevant legal provisions:||
|Keywords:||No text agreed by the patent proprietor|
Summary of Facts and Submissions
I. European patent No. 1569972 (based on application No. 03767553.5) was revoked by the decision of the opposition division posted on 3 January 2011.
II. On 21 February 2011 the patent proprietor filed an appeal against this decision and paid the appeal fee on the same day. The statement setting out the grounds of appeal was received 28 April 2011. In this letter the appellant requested that the decision of the opposition division be set aside and that the patent be maintained on the basis of the amended patent specification documents filed together with the statement of the grounds of appeal. Furthermore the appellant filed an auxiliary request for oral proceedings.
III. With the letter received on 6 September 2011 the respondent requested that the appeal be dismissed. Furthermore the respondent filed an auxiliary request for oral proceedings.
IV. In a Communication pursuant to Rule 115(1) sent on 5 November 2013 the board summoned the parties to oral proceedings to take place on 29 April 2014.
V. With the letter dated 16 December 2013 and filed by facsimile on the same day the appellant stated: "We hereby withdraw our approval for the text of this patent. A hearing is not needed." Accordingly, the Oral proceedings scheduled for 29 April 2014 are cancelled.
Reasons for the Decision
1. The appeal is admissible.
2. As discussed in Decision T 481/96, making reference to earlier Decisions T 18/92 and T 347/90, by declaring the withdrawal of his approval for the text of the patent the appellant simultaneously expresses that he is no longer interested in the continuation of the appeal procedure nor in a decision in respect of the appeal under Article 111 EPC.
3. Therefore the board, following the established practice documented in the above Decisions, concludes that the above declaration of the appellant is to be taken as the withdrawal of the appeal.
For these reasons it is decided that:
By the declaration of the appellant of 16 December 2013 implying the withdrawal of the appeal, the appeal procedure is terminated; in agreement with the decision of the opposition division the patent remains revoked.