European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1988:T026484.19880407|
|Date of decision:||07 April 1988|
|Case number:||T 0264/84|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Document reproduction system with two original document feed devices|
|Relevant legal provisions:||
|Keywords:||Revocation at request of proprietor|
Summary of Facts and Submissions
I. In a decision dated 14 September 1984 the Opposition Division rejected the opposition filed against European patent No. 0 023 544 granted upon the subject-matter of European patent application No. 80 103 058.6.
II. The Appellant appealed against this decision by a letter of 12 November 1984, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 18 January 1985, in which he requested that the patent be revoked.
III. In a letter dated 30 March 1988 the representative of the Respondent stated: " ..., it is meaningless to continue the prosecution. We therefor herewith withdraw the subject application".
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. Although the Patentee (Respondent) states in his letter of 30 March 1988 that he withdraws his application, the Board interprets this statement as meaning that he no longer wishes his patent to be maintained, and thus as a request for revocation of the patent. Following the principles stated in Decision T 237/86 dated 11 June 1987 "Abandoned patent/SMS", in the exercise of its powers under Article 111(1) EPC the Board has decided to revoke the European patent.
For these reasons, it is decided that:
The decision of the Opposition Division dated 14 September 1984 is set aside, and European patent No. 0 023 544 is revoked.