T 0237/86 (Abandoned patent) of 11.06.1987

When it is made clear to the Board of Appeal, whatever the form of words used, that the Appellant and the Respondent are agreed that a patent should be revoked, the Board may exercise its power under Article 111(1) EPC to revoke the patent. The statement "We herewith abandon the above patent" sent to the Board of Appeal by the patent proprietor during the appeal stage of an opposition, is in this case equivalent to a request that the patent be revoked.