T 0310/15 (Gas phase synthesis of 2,3,3,3-tetrafluoro-1-propene /Honeywell) 18-09-2018
Gas phase synthesis of 2,3,3,3-tetrafluoro-1-propene from 2-chloro-3,3,3-trifluoro-1-propene
Mexichem Amanco Holding S.A. de C.V.
I. Appellants I and II (opponents 2 and 1, respectively) lodged an appeal against the decision of the Opposition Division rejecting their opposition against European patent No. 2062866.
II. With a letter electronically filed on 17 September 2018 the Proprietor of the patent-in-suit (Respondent) informed the Board that it did not approve the text upon which the patent was granted and declared that it understood that the patent would be revoked and the oral proceedings scheduled for 6 December 2018 would be cancelled.
III. The Appellants requested that the decision under appeal be set aside and that the patent be revoked.
1. The appeals are admissible.
2. In accordance with Article 113(2) EPC, the EPO can maintain a patent only on the basis of a text agreed by the proprietor of the patent.
3. The Proprietor of the patent indicated that it did not agree to the text of the patent as granted and did not propose any other text for the maintenance of the patent-in-suit in an amended form. Under such circumstances, where a fundamental requirement for maintaining the patent is lacking, the proceedings are to be terminated by a decision ordering revocation, without going into the substantive issues (settled jurisprudence of the boards, see inter alia decision T 73/84 OJ EPO 1985, 241).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.