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Overview

T 0452/95 18-12-1997

European Case Law Identifier
ECLI:EP:BA:1997:T045295.19971218
Date of decision
Case number
T 0452/95
Petition for review of
-
Application number
89305135.9
IPC class
B05D 5/08
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Unpublished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

Fluorine resin coated article

Applicant name
SUMITOMO ELECTRIC INDUSTRIES, LTD.
Opponent name
E.I. Du Pont de Nemours & Company, Inc.
Board
3.3.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1) 1973
Keywords
Revocation of European patent in consequence of patentee's withdrawal of his approval of the text of the patent
Catchword
-
Cited decisions
T 0073/84
Citing decisions
T 1655/07

I. In a decision posted 29 March 1995 the Opposition Division maintained the European patent No. 0 343 015 in amended form.

II. On 30 May 1995 the Appellant (Opponent) appealed against this decision and paid the appropriate fee on the same day. Statement of Grounds were filed on 1. August 1995 in which the Appellant requested that the patent be revoked.

III. In a letter dated 21 November 1997 the representative of the Respondent (Proprietor of the patent) stated "the patentees hereby withdraw approval of the text of the patent."

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

2. The Respondent made it clear through their representative that they no longer approve of the text in which the patent was granted. Since they did not submit an amended text on which further prosecution of the appeal could be based, the patent must be revoked (see Decision T 73/84, OJ EPO 1985, 241).

Order

ORDER

For these reasons it is decided that:

1. The decision of the Opposition Division is set aside.

2. The patent is revoked.