T 0068/90 () of 28.11.1991

European Case Law Identifier: ECLI:EP:BA:1991:T006890.19911128
Date of decision: 28 November 1991
Case number: T 0068/90
Application number: 81305544.9
IPC class: H01B 11/14
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 108.985K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Electrical system
Applicant name: Raychem Corporation
Opponent name: Muse Technology
Board: 3.5.02

Headnote

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Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at request of the
Proprietor
Catchwords:

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Cited decisions:
T 0237/86
Citing decisions:
T 2347/11

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division to maintain the European patent No. 0 053 036 in amended form.

II. In a letter dated 25 November 1991 and sent by telefax the Respondent informed the Board that he would not be attending the oral proceedings scheduled for the 27 November 1991 and requested "that the above application be withdrawn".

Reasons for the Decision

1. The appeal is admissible.

2. Although the Patentee (Respondent) states in his letter of 25 November 1991 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 established jurisprudence of the Boards of Appeal (cf. in particular decision T 237/86, OJ 1988, 261), in the exercise of its powers under Article 111(1) EPC the Board has decided to revoke the European patent.

ORDER

For these reasons, it is decided that:

The contested decision is set aside and the European patent No. 0 053 036 is revoked.

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