European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1996:T063794.19960613|
|Date of decision:||13 June 1996|
|Case number:||T 0637/94|
|IPC class:||G03C 7/38|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Light-sensitive silver halide color photographic material|
|Applicant name:||KONICA CORPORATION|
|Opponent name:||Fuji Photo Film Co., Ltd.|
|Relevant legal provisions:||
|Keywords:||Missing approval of the text of the patent|
Summary of Facts and Submissions
I. In a decision posted 30 May 1994, the Opposition Division maintained the European patent No. 0 202 770 in amended form.
II. On 28 July 1994 the Appellant (Opponent) appealed against this decision and paid the appropriate fee on the respective date. A statement of grounds of appeal was filed on 23 September 1994 in which the Appellant requested that the patent be revoked.
III. In a letter dated 4 June 1996, the representative of the Respondent (proprietors of the patent) stated: "the proprietor no longer approves the text in which the patent was granted and an amended text will not be submitted".
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondents made it clear through their representative that they no longer approve of the text in which the patent was granted. Since they are not prepared to submit an amended text on which further prosecution of the appeal could be based, the patent must be revoked (see decision T 73/84, OJ EPO 1985, 241).
For these reasons it is decided that:
1. The decision of the Opposition Division is set aside.
2. The patent is revoked.