T 0527/95 18-01-1996
Method and apparatus for treating pulp
I. In an interlocutory decision dated 28 April 1995 the Opposition Division decided to maintain the patent 0. 315 737.
II. The appellant appealed against this decision by a letter filed on 27 June 1995 on the same date paid the fee for appeal and filed a statement of grounds of appeal in which he requested that the patent be revoked.
III. In a letter dated 18 January 1996 the respondent stated "...that the patentee no longer approves the granted text 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 No. 0 315 737 is revoked.