T 0961/00 (Adverse effect/HUBER CORP.) of 09.12.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T096100.20021209
- Date of decision
- 9 December 2002
- Case number
- T 0961/00
- Petition for review of
- -
- Application number
- 96902742.4
- IPC class
- C01B 33/143
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Novel temperature-activated polysilicic acids and their use in paper production processes
- Applicant name
- J.M. HUBER CORPORATION
- Opponent name
- Eka Chemicals AB
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- EPC1973_Art_107_Sent_1European Patent Convention Art 100 1973European Patent Convention Art 102 1973European Patent Convention Art 102(3)(a) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 125 1973European Patent Convention R 57(1) 1973European Patent Convention R 57a 1973Legal Advice 11/82
- Keywords
- Revocation of patent after declaration according to Legal Advice 11/82 - adverse effect of decision - no
Admissibility of appeal by proprietor - no
Referral to Enlarged Board - no - Catchword
- A patent proprietor who has declared in opposition proceedings before the opposition division that he withdraws his consent to the granted version of his European patent and will not file an amended version (see also Legal Advice 11/82), is not adversely affected within the meaning of Article 107, first sentence, EPC by the decision of the opposition division revoking the European patent.
ORDER
For these reasons it is decided that:
1. The request to refer questions to the Enlarged Board of Appeal is rejected.
2. The appeal is rejected as being inadmissible.