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Overview

T 0553/94 04-03-1996

European Case Law Identifier
ECLI:EP:BA:1996:T055394.19960304
Date of decision
Case number
T 0553/94
Petition for review of
-
Application number
87309146.6
IPC class
B65D 65/40
B23B 3/02
Language of proceedings
EN
Distribution
DISTRIBUTED TO BOARD CHAIRMEN (C)

Download and more information:

Documentation of the appeal procedure can be found in the European Patent Register
Bibliographic information is available in:
EN
Versions
Unpublished
Application title

Opaque polymer film laminates

Applicant name
Mobil Oil Corporation
Opponent name
Hoechst Aktiengesellschaft
Board
3.2.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 102(3) 1973
European Patent Convention Art 113(2) 1973
Keywords
Revocation of European patent at the request of the proprietor
Catchword
-
Cited decisions
T 0073/84
Citing decisions
-

I. In a decision issued in writing on 8 June 1994 the Opposition Division rejected the opposition filed against European patent No. 0 265 184.

II. The appellant appealed against this decision by a letter filed on 4 July 1994, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 13. October 1994 in which it requested that the patent be revoked.

III. In a letter dated 26 February 1996 the respondent (proprietor) requested revocation of the patent.

The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.

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).

Order

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The European patent No. 0 265 184 is revoked.