European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1994:T024194.19941205|
|Date of decision:||05 December 1994|
|Case number:||T 0241/94|
|IPC class:||H03F 3/45|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Differential amplifier|
|Applicant name:||KABUSHIKI KAISHA TOSHIBA|
|Opponent name:||TEMIC TELEFUNKEN microelectronic GmbH
Deutsche ITT Industries GmbH
|Relevant legal provisions:||
|Keywords:||Revocation requested by Proprietor
Termination of appeal proceedings - request for revocation of the patent
Summary of Facts and Submissions
I. The Appellant filed an opposition against European Patent No. 144 647 and now contests the interlocutory decision of the Opposition Division that account being taken of the amendments made during the opposition proceedings, the patent and the invention to which it related met the requirements of the EPC.
II. The Appellant requests that the decision be set aside and the patent revoked.
III. In a letter dated 21 November 1994, bearing the reference T 0241/94-352 European patent application 84. 112 524.8, the Respondent stated the following: "Revocation of the above-referenced patent is herewith requested".
Reasons for the Decision
1. The appeal is admissible.
2. European Patent No. 144 647 was granted on European patent application 84 112 524.8. It is therefore clear that the Respondent requests revocation of its own European Patent No. 144 647. Thus, following Decision T 186/84 (OJ EPO, 1986, 74), the Board has to revoke the patent.
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. European Patent No. 144 647 is revoked.