T 0553/94 () of 4.3.1996

European Case Law Identifier: ECLI:EP:BA:1996:T055394.19960304
Date of decision: 04 March 1996
Case number: T 0553/94
Application number: 87309146.6
IPC class: B65D 65/40
B23B 3/02
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 5.912K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Opaque polymer film laminates
Applicant name: Mobil Oil Corporation
Opponent name: Hoechst Aktiengesellschaft
Board: 3.2.01

Headnote

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Relevant legal provisions:
European Patent Convention 1973 Art 102(3)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at the request of the proprietor
Catchwords:

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Cited decisions:
T 0073/84
Citing decisions:
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Summary of Facts and Submissions

I. In a decision issued in writing on 8 June 1994 the Opposition Division rejected the opposition filed against European patent No. 0 265 184.

II. The appellant appealed against this decision by a letter filed on 4 July 1994, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 13. October 1994 in which it requested that the patent be revoked.

III. In a letter dated 26 February 1996 the respondent (proprietor) requested revocation of the patent.

Reasons for the Decision

The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.

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. 0 265 184 is revoked.

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