T 0014/99 02-10-2001
Method of rolling steel shapes
I. In a decision dated 23 October 1998 the Opposition Division rejected the opposition filed against European patent No. 0 498 733.
II. The Appellant appealed against this decision and requested that the patent be revoked.
III. In a letter dated 24 September 2001 the Respondent (patent proprietor) requested revocation of the patent.
1. The appeal is admissible.
2. The Respondent's request for revocation of their European patent has to be construed as a statement meaning that they no longer approve the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84; 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. 0 498 733 is revoked.