T 0068/90 28-11-1991
Revocation of European patent at request of the
I. The appeal contests the decision of the Opposition Division to maintain the European patent No. 0 053 036 in amended form.
II. In a letter dated 25 November 1991 and sent by telefax the Respondent informed the Board that he would not be attending the oral proceedings scheduled for the 27 November 1991 and requested "that the above application be withdrawn".
1. The appeal is admissible.
2. Although the Patentee (Respondent) states in his letter of 25 November 1991 that he withdraws his application, the Board interprets this statement as meaning that he no longer wishes his patent to be maintained, and thus as a request for revocation of the patent. Following the established jurisprudence of the Boards of Appeal (cf. in particular decision T 237/86, OJ 1988, 261), in the exercise of its powers under Article 111(1) EPC the Board has decided to revoke the European patent.
For these reasons, it is decided that:
The contested decision is set aside and the European patent No. 0 053 036 is revoked.