T 0300/20 (Fluoroolefins hydrogenation/HONEYWELL) 09-02-2023
Téléchargement et informations complémentaires:
Catalysts for fluoroolefins hydrogenation
Summary of Facts and Submissions
I. The opponent's appeal is against the decision of the opposition division to maintain European patent
no. 2 473 275 in amended form.
II. In its statement of grounds and at the oral proceedings before the board the appellant requested that the decision under appeal be set aside and the patent be revoked.
III. In its reply to the statement of grounds the respondent and patent proprietor requested to dismiss the appeal and to maintain the patent on the basis of one of the sets of claims submitted with said reply as main and first to seventh auxiliary requests.
IV. During the oral proceedings held before the board the respondent withdrew all pending claim requests, and declared its disapproval of any text for maintenance of the patent.
Reasons for the Decision
1. Article 113(2) EPC requires that the European Patent Office decides upon the European patent only in the text submitted to it, or agreed by the proprietor of the patent.
2. Since in the present case the proprietor withdrew all pending claim requests during the oral proceedings before the board and declared its disapproval of any text for maintenance of the patent, there is no text of the patent which can be deemed to be approved by the patent proprietor.
3. In such a situation, it is established case law of the boards of appeal that the proceedings are to be terminated by a decision ordering revocation of the patent, without going into the substantive issues (see Case Law of the Boards of Appeal of the EPO, 10th edition, 2022, IV.D.2, third full paragraph, page 1265).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.