European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1996:T017495.19960201|
|Date of decision:||01 February 1996|
|Case number:||T 0174/95|
|IPC class:||B01D 53/22|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Improved membrane separation system and process|
|Applicant name:||PRAXAIR TECHNOLOGY, INC.|
|Opponent name:||L'AIR LIQUIDE. S.A. pour l'étude et l'exploitation des procédés
|Relevant legal provisions:||
|Keywords:||Missing approval of the text of patent|
Summary of Facts and Submissions
I. The Opposition Division decided to revoke the European patent No. 0 362 436 (application No. 88 116 698.7).
II. The Patentee lodged an appeal against said decision and requested to set aside said decision and to maintain the patent as granted.
III. In a letter dated 18 December 1995, the Appellant (Patentee) put forward that he no longer approves the text in which the patent was granted and also does not intend to submit an amended text.
Reasons for the Decision
1. The appeal is admissible.
2. Since the Appellant does not agree with the text of the patent and does not intend to submit an amended text, no text agreed by the Appellant exists or will exist. As a consequence of Articles 113(2) and 102(3)(a) EPC, the patent cannot be maintained and the decision under appeal has to be confirmed (see decision T 73/84, OJ EPO 1985, 241).
For these reasons it is decided that:
The appeal is dismissed.