T 0246/92 29-12-1992
Process and apparatus for producing easily dyeable polyester false-twisted yarns
I. In its decision dated 15 January 1992 the Opposition Division rejected the opposition filed against the European patent No. 087 124.
II. The Appellants (Opponents) appealed against the decision of the Opposition Division on 23 March 1992, requesting that the patent be revoked. The appeal fee was paid on 23 March 1992 and the statement of grounds filed on 20 May 1992.
III. In a letter dated 29 December 1992 the Respondents (proprietors of the patent) declared that they no longer approved the text of the printed patent and would not file a new text.
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondents have stated that they no longer approve of the text in which the patent was granted and that they also refrain from submitting an amended text.
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. 087 124 is revoked.