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Overview

T 0174/95 01-02-1996

European Case Law Identifier
ECLI:EP:BA:1996:T017495.19960201
Date of decision
Case number
T 0174/95
Petition for review of
-
Application number
88116698.7
IPC class
B01D 53/22
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Unpublished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

Improved membrane separation system and process

Applicant name
PRAXAIR TECHNOLOGY, INC.
Opponent name

L'AIR LIQUIDE. S.A. pour l'étude et l'exploitation des procédés

Georges Claude

Board
3.4.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 102(3)(a) 1973
European Patent Convention Art 113(2) 1973
Keywords
Missing approval of the text of patent
Catchword
-
Cited decisions
T 0073/84
Citing decisions
-

I. The Opposition Division decided to revoke the European patent No. 0 362 436 (application No. 88 116 698.7).

II. The Patentee lodged an appeal against said decision and requested to set aside said decision and to maintain the patent as granted.

III. In a letter dated 18 December 1995, the Appellant (Patentee) put forward that he no longer approves the text in which the patent was granted and also does not intend to submit an amended text.

1. The appeal is admissible.

2. Since the Appellant does not agree with the text of the patent and does not intend to submit an amended text, no text agreed by the Appellant exists or will exist. As a consequence of Articles 113(2) and 102(3)(a) EPC, the patent cannot be maintained and the decision under appeal has to be confirmed (see decision T 73/84, OJ EPO 1985, 241).

Order

ORDER

For these reasons it is decided that:

The appeal is dismissed.