T 0789/05 () of 21.4.2008

European Case Law Identifier: ECLI:EP:BA:2008:T078905.20080421
Date of decision: 21 April 2008
Case number: T 0789/05
Application number: 95915639.9
IPC class: F16L 9/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.556K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Multi layer tubing suitable for use in motor vehicles
Applicant name: ITT Manufacturing Enterprises, Inc.
Opponent name: Degussa AG
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: Revocation at request of patent proprietor


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is against the decision of the Opposition Division posted 27 April 2005 revoking European patent No. 0 755 493.

II. In his letter dated 3 April 2008 the appellant (patent proprietor) requested that the patent be revoked.

Reasons for the Decision

The appellant has made it clear that he wishes the patent to be revoked, see point II. Since it follows from the provision according to Article 113(2) EPC that a European cannot be maintained against the proprietor's will, the Board has decided, in agreement with the decision of the opposition division, that the patent remains revoked.


For these reasons it is decided that:

The patent remains revoked.

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