14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2013:T017812.20130927|
|Date of decision:||27 September 2013|
|Case number:||T 0178/12|
|IPC class:||C23F 15/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Washwater neutralization system for glass forming line|
|Applicant name:||Owens Corning Intellectual Capital, LLC|
|Opponent name:||SAINT-GOBAIN ISOVER|
|Relevant legal provisions:||
|Keywords:||Lapse of patent - termination of the appeal proceedings|
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).
For these reasons it is decided that:
The appeal proceedings are terminated.