T 0553/94 04-03-1996
Opaque polymer film laminates
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).
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.