T 0129/92 05-04-1994
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Process to produce a krypton-xenon concentrate and a gaseous oxygen product
I. In its decision dated 13 December 1991 the Opposition Division rejected the opposition filed against the European patent No. 0 218 741.
II. The Appellant (Opponent) appealed against the decision of the Opposition Division on 12 February 1992, requesting that the patent be revoked. The appeal fee was paid on 12 February 1992 and the Statement of Grounds filed on 31 March 1992.
III. In a letter dated 14 March 1994 the Respondents (Proprietors of the patent) wrote that the Applicant no longer approves the text as granted and does not intend to submit an amended text.
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. T 73/84, OJ EPO 1985, 241).
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 218 741 is revoked.