G 0008/93 (Withdrawal of opposition) of 13.06.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:G000893.19940613
- Date of decision
- 13 June 1994
- Case number
- G 0008/93
- Petition for review of
- T 0148/89 1993-06-24
- Application number
- 83105249.3
- IPC class
- E04B 1/94
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Brandschutzbahn
- Applicant name
- Serwane, Karl
- Opponent name
- Odenwald-Chemie GmbH
- Board
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- Headnote
The filing by an opponent, who is sole appellant, of a statement withdrawing his opposition immediately and automatically terminates the appeal proceedings, irrespective of whether the patent proprietor agrees to termination of those proceedings and even if in the Board of Appeal's view the requirements under the EPC for maintaining the patent are not satisfied.
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention R 60(2) 1973European Patent Convention R 66(1) 1973
- Keywords
- Withdrawal of opposition without withdrawal of appeal
Termination of appeal proceedings - Catchword
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ORDER
For these reasons it is decided that:
The filing by an opponent, who is sole appellant, of a statement withdrawing his opposition immediately and automatically terminates the appeal proceedings, irrespective of whether the patent proprietor agrees to termination of those proceedings and even if in the Board of Appeal's view the requirements under the EPC for maintaining the patent are not satisfied.