14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2016:T155514.20161102|
|Date of decision:||02 November 2016|
|Case number:||T 1555/14|
|IPC class:||F01D 5/18|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Turbine airfoil with single aft flowing three pass serpentine cooling circuit|
|Applicant name:||GENERAL ELECTRIC COMPANY|
|Opponent name:||ALSTOM Technology Ltd|
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all designated states - termination of appeal proceedings|
Summary of Facts and Submissions
I. The appellant/opponent lodged an appeal against the interlocutory decision of the opposition division of 30 May 2014 which found that European patent No. 1 362 982 in an amended form met the requirements of the EPC.
II. In a communication dated 24 June 2016, the Board informed the parties that the patent in suit had lapsed with effect for all the designated Contracting States and invited the appellant to inform the board, within two months from notification of the communication, whether it requested a continuation of the appeal proceedings (Rules 84(1) and 100(1) EPC).
III. No reply was received from the appellant/opponent within the two month period.
Reasons for the Decision
1. Rule 84(1) EPC provides that 'if the European patent has been surrendered in all the designated Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office informing him of the surrender or lapse.'
2. Based on Rule 100(1) EPC, Rule 84(1) EPC applies mutatis mutandis in opposition appeal proceedings, i.e. the appeal proceedings may be continued at the request of the appellant/opponent filed within two months as from notification of the lapse.
3. In the present case, the notification of the lapse within the meaning of Rule 84(1) EPC was sent by registered letter to the appellant on 24 June 2016. The period for requesting continuation of the appeal proceedings ended on 5 September 2016 by virtue of Rule 126(2) EPC) in conjunction with Rules 131 and 134(1) EPC. Since no such request was filed within that time limit, the appeal proceedings are terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.