T 0391/94 21-01-1998
Magnesia clinker and method of producing the same
Shell Internationale Research Maatschappij B.V.
Radex-Heraklith Industriebeteiligungs AG
Premier Periclase Ltd
I. An interlocutory decision of the Opposition Division concerning maintenance of the European patent No. 0 140 221 in amended form was posted on 7 March 1994.
II. The Appellants (Opponents 02, 03 and 04) appealed against this decision by letters filed on 3 May 1994, 3. May 1994 and 11 May 1994, respectively, paid the fee for appeal within the time limit and filed a Statement of Grounds of Appeal on 14 July 1994, 7 July 1994 and 15. July 1994, respectively. They requested that the patent be revoked.
III. In a letter dated 21 January 1998 the Respondent (Proprietor) requested revocation of the patent.
1. The appeals comply with Articles 106 to 108 and Rule 64 EPC and are admissible.
2. It folllows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the Respondent's request for revocation of his patent, the present European patent has 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. 0 140 221 is revoked.