T 1821/13 () of 18.3.2016

European Case Law Identifier: ECLI:EP:BA:2016:T182113.20160318
Date of decision: 18 March 2016
Case number: T 1821/13
Application number: 04804452.3
IPC class: G01D 5/14
G01D 5/16
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 225.326K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: POSITION SENSOR
Applicant name: NCTEngineering GmbH
Opponent name: METHODE ELECTRONICS, Inc.
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The opponent (appellant) lodged an appeal against the decision of the opposition division maintaining European patent No. 1706709 in amended form.

II. In a communication of the registrar dated 13 November 2014, the appellant was informed that the patent had meanwhile lapsed in all designated Contracting States, and that the appeal proceedings would be continued at the appellant's request, provided that within two months from the notification of this communication a request to this effect was filed. On the same day a copy of the communication was sent to the patentee (respondent).

III. There was no reply to the communication.

Reasons for the Decision

1. If the European patent has lapsed in all designated Contracting States, opposition proceedings may be continued at the request of the opponent pursuant to Rule 84(1) EPC, provided that this request is filed within two months from a communication by the EPO, informing the opponent of the lapse. According to Rule 100(1) EPC, this also applies in appeal proceedings.

2. Since in the present case the appellant has not requested the continuation of the appeal proceedings, the appeal proceedings are to be terminated.

Order

For these reasons it is decided that:

The appeal proceedings are terminated.

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