T 0174/95 01-02-1996
Improved membrane separation system and process
L'AIR LIQUIDE. S.A. pour l'étude et l'exploitation des procédés
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).
For these reasons it is decided that:
The appeal is dismissed.