T 0268/16 (Microphone system/OTICON) 16-07-2019
MICROPHONE SYSTEM WITH DIRECTIONAL RESPONSE
I. This case concerns an appeal filed by the patent proprietor against the decision of the opposition division revoking European patent No. 1 579 728.
II. According to the European Patent Register, European patent No 1 579 728 has lapsed in all designated contracting states. By communication dated 9 April 2019, the attention of the parties was drawn to Rule 84(1) EPC and the appellant (patent proprietor) was asked whether he wanted the appeal proceedings to be continued.
III. There was no reply to the communication (the receipt of the communication was confirmed by the appellant in a submission dated 3 July 2019).
According to the jurisprudence of the Boards of Appeal (see, e.g., T 520/10, point 1 of the reasons), when the patent proprietor is the sole appellant and the patent has lapsed in all contracting states, by analogy to Rule 84(1) EPC in connection with Rule 100(1) EPC, the opposition appeal proceedings may be continued at the request of the patent proprietor, provided that the request is filed within two months from notification of the present communication. No such request has been filed. In consequence, the proceedings are terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.