T 0275/02 17-09-2004
Disposable absorbent garment
SCA Hygiene Products AB
The Procter & Gamble Company
I. An interlocutory decision of the opposition division concerning maintenance of the European patent No. 0. 587 196 in amended form was posted on 18 January 2002.
II. The appellant (opponent O2) appealed against this decision by a letter filed on 14 March 2002, paid the fee for appeal on the same day and filed a Statement of Grounds of Appeal on 22 May 2002. It requested that the patent be revoked.
III. In a letter filed on 18 August 2004, the respondent (patentee) withdrew the consent to the text of the patent in the form in which it was upheld by the opposition division, or in any other form, and requested revocation of the patent.
1. The appeal is admissible.
2. It follows from Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the Respondent's request for revocation of its patent, the present European patent has to be revoked (cf. T 73/84; OJ EPO 1985, 241).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. European patent No. 0 587 196 is revoked.