T 0174/95 () of 1.2.1996

European Case Law Identifier: ECLI:EP:BA:1996:T017495.19960201
Date of decision: 01 February 1996
Case number: T 0174/95
Application number: 88116698.7
IPC class: B01D 53/22
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 5.965K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
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
Georges Claude
Board: 3.4.02

Headnote

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Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 113(2)
Keywords: Missing approval of the text of patent
Catchwords:

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Cited decisions:
T 0073/84
Citing decisions:
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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).

ORDER

For these reasons it is decided that:

The appeal is dismissed.

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