T 0070/94 13-06-1994
Device for detecting the level of a liquid contained in a tank
I. An appeal was lodged by the Appellant (Opponent) against the decision of 10 December 1993 of the Opposition Division which rejected the opposition against European patent No. 0 168 211 (application No. 85 304 741.3), requesting that said decision be set aside and the patent be revoked.
II. In a letter dated 4 May 1994, the Respondent (Patentee) stated the following: "We ... hereby withdraw the above numbered European patent application. This withdrawal should now terminate the appeal proceedings."
1. The appeal is admissible.
2. Although the respondent stated in said letter that he withdrew his application, the Board in accordance with the jurisprudence of the Boards of Appeal (see for example decisions T 0264/84, T 0677/90 and T 0370/91, all unpublished) interprets this statement as meaning that he no longer wishes his patent to be maintained and he therefore requests its revocation (Art. 113(2) EPC).
3. Following the principles stated in decision T 0237/86 (OJ EPO 1988, from p. 261 on), the Board in the exercise of its power under Article 111(1) EPC decides to revoke the European patent (Article 102 EPC).
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.