T 0672/91 10-04-1992
Process and apparatus for extracting liquids from aggregates and from gas/vapour mixtures
I. In its decision dated 26 June 1991 the Opposition Division maintained the European patent No. 0 162 509 in amended form.
II. The Appellants (Opponents) appealed against the decision of the Opposition Division on 3 September 1991, requesting that the patent be revoked. The appeal fee was paid on 3 September 1991 and the Statement of Grounds filed on 4 November 1991.
III. In a letter dated 2 April 1992 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. 0 162 509 is revoked.