T 0123/85 (Incrustation inhibitors) of 23.02.1988

I. The patent proprietor may not surrender his patent either wholly or in part during opposition proceedings (reference to T 73/84 - 3.2.1 OJ EPO 1985, 241; T 186/84 - 3.3.1 OJ EPO 1986, 79). During the opposition proceedings the patent proprietor is entitled to amend a request already made; in particular he may reinstate the patent in the form in which it was granted, provided this does not constitute an abuse of procedural law (cf. point 3.1.1 and 3.1.2 of the Reasons).

2. If the patent proprietor complies with a proposal from the Opposition Division to include a feature in the claim and if the patent is revoked because inclusion of that feature constitutes an inadmissible extension the patent proprietor may delete said feature in the appeal proceedings (cf. point 3.1.3 of the Reasons).