T 0178/12 () of 27.9.2013

European Case Law Identifier: ECLI:EP:BA:2013:T017812.20130927
Date of decision: 27 September 2013
Case number: T 0178/12
Application number: 03728802.4
IPC class: C23F 15/00
C03C 25/14
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 92.770K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Washwater neutralization system for glass forming line
Applicant name: Owens Corning Intellectual Capital, LLC
Opponent name: SAINT-GOBAIN ISOVER
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent - termination of the appeal proceedings
Catchwords:

-

Cited decisions:
T 0329/88
T 0289/06
T 0949/09
T 1133/12
Citing decisions:
T 0480/13
T 1216/13

Summary of Facts and Submissions

I. The opponent and sole appellant filed an appeal against the decision of the Opposition Division to maintain the European patent No. 1 509 638 in amended form pursuant to the twelfth auxiliary request.

II. With a communication dated 26 June 2013 the parties were informed by the Board that according to the information available to the European Patent Office the patent had lapsed in all the designated Contracting States.

In the communication the respondent (patent proprietor) was requested to confirm this information, which he did with letter of 4 September 2013.

Further, the appellant was informed that pursuant to Rule 84(1) in conjunction with Rule 100(1) EPC the appeal proceedings could be continued, if a corresponding request were filed within two months from notification of the Board's communication.

No such request was filed within this period.

Reasons for the Decision

1. Since in the present case no request for continuation of the appeal proceedings was filed, the proceedings can be terminated (see e.g. T 329/88; T 289/06; T 949/09; T 1133/12; all not published in OJ EPO).

ORDER

For these reasons it is decided that:

The appeal proceedings are terminated.

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