European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1993:T032291.19931014|
|Date of decision:||14 October 1993|
|Case number:||T 0322/91|
|IPC class:||B65H 67/06|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Bobbin loading apparatus|
|Applicant name:||Machinenfabrik Rieter AG|
|Opponent name:||Wilhelm Stahlecker GmbH|
|Relevant legal provisions:||
|Keywords:||Revocation of patent on request of proprietor
Basis of decisions - patentee (request for revocation by)
Summary of Facts and Submissions
I. The Appellant (Opponent) lodged an appeal against the decision of the Opposition Division to reject the opposition against European patent No. 0 187 239.
II. The Respondent (Proprietor) informed the Board of Appeal with a letter of 28 September 1993, that he is no longer interested in the prosecution of the patent application. This letter was followed up by a telecopy dated 12 October 1993, wherein the respondent stated that he withdraws the patent application in suit.
Reasons for the Decision
1. Since the European patent application has already proceeded to grant, the Board interprets the statement of the Respondent, that he withdraws the patent application, as a request for revocation of the patent.
2. According to established jurisprudence of the Boards of Appeal (cf. for example T 73/84, OJ EPO 1985, 241, T 186/84, OJ EPO 1986, 79, T 237/86, OJ EPO 1988, 261 and T 459/88, OJ EPO 1990, 425), when both the Appellant and the Respondent are agreed that the patent should be revoked, which is presently the case, the Board may exercise its power under Article 111(1) EPC to revoke the patent.
For these reasons it is decided that:
The contested decision is set aside, and the European patent No. 0 187 239 is revoked.