T 0370/91 06-07-1992
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Synthetic film with a paper-like surface and method of forming same
I. An appeal was lodged by the Appellant/Opponent against the decision of 25 February 1991 of the Opposition Division, which maintained European patent No. 127 252 in amended form, requesting that the decision be set aside and the patent revoked.
II. In a letter submitted on 16 June 1992, the Respondent/Patentee stated the following:
"I withdraw this patent leaving no rights outstanding."
1. The appeal is admissible.
2. In accordance with the jurisprudence of the Boards of Appeal (e.g. T 237/86, OJ EPO 1988, 261, T 430/88 of 14 August 1990 and T 677/90 of 17 May 1991), the Board interprets the statement of the Respondent as agreeing to the revocation of the patent (Article 113(2) EPC).
3. The Board can, therefore, in the exercise of its power under Article 111(1) EPC decide to revoke the European patent (Article 102 EPC).
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. European patent No. 127 252 is revoked.