European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2000:T034799.20000310|
|Date of decision:||10 March 2000|
|Case number:||T 0347/99|
|IPC class:||B04C 5/20|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Cyclone separator including a hopper formed by water-steam cooled walls|
|Applicant name:||FOSTER WHEELER ENERGY CORPORATION|
|Opponent name:||Alstom Energy Systems S.A.|
|Relevant legal provisions:||
|Keywords:||Withdrawal of the request of the proprietor for maintaining the patent|
Summary of Facts and Submissions
I. In its decision dated 11 February 1999 the Opposition Division rejected the opposition against European patent No. 0 457 983.
II. The Appellant (Opponent) appealed against the decision of the Opposition Division on 6 April 1999, requesting that the appealed decision be set aside and the patent revoked. The appeal fee was paid on 6 April 1999 and the statement of grounds of appeal filed on 9 June 1999.
III. In a letter dated 14 February 2000 the Respondent (proprietor of the patent) stated that they withdraw their request that the patent be maintained.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The fact that the Respondent has withdrawn the request that the European patent be maintained, has the consequence that there is no longer a text submitted to the European Patent Office by the Respondent or a text to which they have agreed on which the Board of Appeal could decide as required by Article 113(2) EPC. It follows from this, that the patent cannot be maintained against the will of the proprietor and thus has to be revoked (see Decisions T 186/84, OJ EPO 1986, 79 and T 237/86, OJ EPO 1988, 261).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 457 983 is revoked.