European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1994:T106193.19941110|
|Date of decision:||10 November 1994|
|Case number:||T 1061/93|
|IPC class:||B01J 47/04|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Use of ion exchange resin mixtures in cation exchange processes|
|Applicant name:||ROHM AND HAAS COMPANY|
|Opponent name:||Bayer AG, Leverkusen Konzernverwaltung RP Patente Konzern|
|Relevant legal provisions:||
|Keywords:||Revocation on the request of Proprietor
Termination of appeal proceedings - request for revocation of the patent
Summary of Facts and Submissions
I. In an interlocutory decision dated 16 November 1993, the Opposition Division decided to maintain the patent No. 0. 225 793 in amended form.
II. The Opponent appealed against this decision by a letter filed on 20 December 1993, paid the fee for appeal on the same date and filed a Statement of Grounds of Appeal on 10 March 1994. He requested that the patent be revoked.
III. In a letter dated 21 October 1994 the Patentee (Respondent) stated: "Patentees hereby request revocation of the above-identified European patent for all of the designed states."
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Patentee (Respondent) has made clear in his letter dated 21 October 1994 that he wishes his patent to be revoked. The Board can therefore in exercise of its power under Article 111(1) EPC decide to revoke the European patent (see Decisions T 186/84, OJ EPO 1986, 79 and T 237/86, OJ EPO 1988, 261).
For these reasons it is decided that:
The decision of the opposition Division is set aside and European patent No. 0 225 793 is revoked.