T 0157/85 12-05-1986
Process for recovering oil from subterranean oil-bearing formations and an emulsion useful therein
Revocation of the European patent
Formal request of the proprietor of the patent
I. The Opposition Division of the European Patent Office rejected the opposition to European patent No. 0 008 153 granted in response to European patent application No. 79 300 875.6, by a decision dated 22 April 1985.
II. The Opponents appealed against the decision on 19 June 1985 and paid the fee on 20 June 1985. The statement of grounds was filed on 2 September 1985.
III. The Opponents request that the European patent be revoked.
In a letter dated 19 March 1986 the proprietors of the patent withdrew their consent to the text of the patent as granted and stated that no amended text would be forwarded.
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is therefore admissible.
2. Article 113(2) EPC requires that the EPO confines its considerations to the text of the European patent "submitted to it, or agreed" by the proprietor.
In their letter of 19 March 1986 the proprietors of the patent have clearly withdrawn their agreement to the text of the patent as granted.
3. The absence of a valid text of the patent precludes any substantive examination of the alleged impediments to patentability (see decision T 186/84, OJ 1986, 79).
For these reasons, it is decided that:
1. The contested decision is set aside,
2. European patent No. 008 153 is revoked.