European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:1997:T045295.19971218|
|Date of decision:||18 December 1997|
|Case number:||T 0452/95|
|IPC class:||B05D 5/08|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Fluorine resin coated article|
|Applicant name:||SUMITOMO ELECTRIC INDUSTRIES, LTD.|
|Opponent name:||E.I. Du Pont de Nemours & Company, Inc.|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent in consequence of patentee's withdrawal of his approval of the text of the patent|
Summary of Facts and Submissions
I. In a decision posted 29 March 1995 the Opposition Division maintained the European patent No. 0 343 015 in amended form.
II. On 30 May 1995 the Appellant (Opponent) appealed against this decision and paid the appropriate fee on the same day. Statement of Grounds were filed on 1. August 1995 in which the Appellant requested that the patent be revoked.
III. In a letter dated 21 November 1997 the representative of the Respondent (Proprietor of the patent) stated "the patentees hereby withdraw approval of the text of the patent."
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondent made it clear through their representative that they no longer approve of the text in which the patent was granted. Since they did not 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.