T 0116/04 18-01-2005
Thin absorbent article having wicking and crush resistant properties
The Procter & Gamble Company
SCA Hygiene Products AB
I. The opposition division rejected the opposition against European patent No. 0 778 763 with decision posted on 5. November 2003.
II. The appellant (opponent 01) appealed against this decision by a letter filed on 20 December 2003, paid the fee for appeal on the same day and filed a Statement of Grounds of Appeal on 9 March 2004. It requested that the patent be revoked.
III. In a letter dated 6 January 2005, the respondent (patentee) withdrew its approval of 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. 0 778 763 is revoked.