European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1990:T032290.19900903|
|Date of decision:||03 September 1990|
|Case number:||T 0322/90|
|IPC class:||C07C 51/487|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process for the optical resolution of (+/-) 2- (6'methoxy-2'-naphthyl) -propionic acids|
|Applicant name:||Nobel Chemicals AB|
|Opponent name:||Syntex Pharmaceuticals|
|Relevant legal provisions:||
|Keywords:||Revocation - proprietor|
Summary of Facts and Submissions
I. In a decision dated 1 February 1990 the Opposition Division decided to reject the opposition filed against European Patent 0 132 854 granted upon the subject-matter of European patent application No. 84 200 560.5.
II. The Appellant appealed against this decision by a telex received on 10 April 1990, paid the fee for appeal on the same date and filed a Statement of Grounds of appeal on 8 June 1990, in which he requested that the patent be revoked.
III. In a letter received on 28 August 1990, the Respondent requested the revocation of the European patent.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 84 EPC and is admissible.
2. The patentee has made it clear in his letter of 28 August 1990 that he wishes the patent to be revoked. Following the principles stated in Decision T 186/84 (OJ EPO 1986, 79), 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 1 February 1990 is set aside, and European patent No. 0 132 854 is revoked.