T 0699/97 03-08-1999
Method of manufacturing mouldings
I. In its decision dated 14 May 1997 the Opposition Division maintained the European patent No. 0 517 764 in amended form.
II. The Appellants (Opponents) appealed against the decision of the Opposition Division on 25 June 1997, requesting that the patent be revoked. The appeal fee was paid on 25 June 1997 and the statement of grounds filed on 15 September 1997.
III. In a letter dated 12 July 1999 the Respondents (proprietors of the patent) stated that they no longer approved of the text on the basis of which the patent was granted or upheld by the Opposition Division, respectively.
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondent's statement in his letter dated 12 July 1999 that he no longer approves of the text in which the patent was granted or upheld by the Opposition Division, respectively, has to be construed as a statement requesting revocation of their European patent, (cf. decision T 186/94, OJ EPO 1986, 79).
3. 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. 0 517 764 is revoked.