T 0798/90 25-04-1991
Sole construction for footwear
I. In its decision dated 1 August 1990 the Opposition Division maintained the European patent No. 137 762 in amended form.
II. The Appellants (Opponents) appealed against the decision of the Opposition Division on 2 October 1990, requesting that the patent be revoked. The appeal fee was paid on 2 October 1990 and the statement of grounds filed on 3 December 1990.
III. In a letter dated 4 April 1991 the Respondents (proprietors of the patent) likewise requested revocation of the patent.
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondents' request the revocation of their European patent. This has to be construed as a statement meaning that they no longer approve of the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84; OJ EPO 1986, 79).
3. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. T 73/84; OJ EPO 1985, 241).
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 137 762 is revoked.