T 0480/13 05-11-2014
Method for repairing thermal barrier coatings
I. The appellant (opponent) lodged an appeal against the decision of the Opposition Division rejecting the opposition filed against the European patent 1 652 955.
II. In a communication of the Board dated 20 August 2014 the parties were informed that from the Register it was known that the European patent had lapsed for all the designated Contracting States and that the appeal proceedings could be continued at the request of the opponent provided that within two months from notification of this communication a corresponding request is filed.
III. The respondent (patent proprietor) with its fax dated 3 September 2014 confirmed that the patent lapsed with effect for all designated Contracting states.
IV. The appellant did not request continuation of the proceedings.
1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are not continued after the European patent has lapsed, unless there is a request to this effect by the opponent filed within two months from notification by the European Patent Office of the lapse (see e.g. T 329/88; T 289/06; T 978/07; T 949/09; T 1133/12; all not published in OJ EPO).
Since no such request was filed by the appellant, the proceedings are terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.