T 1167/07 () of 30.5.2008

European Case Law Identifier: ECLI:EP:BA:2008:T116707.20080530
Date of decision: 30 May 2008
Case number: T 1167/07
Application number: 99913134.5
IPC class: B66C 23/90
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 18.304K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Vehicle crane installation with limiter means
Applicant name: Hojbjerg Maskinfabrik A/S
Opponent name: -
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
Keywords: All requests withdrawn - appeal dismissed


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (applicant) filed an appeal against the decision of the Examining Division posted on 19 December 2006, refusing European patent application No. 99913134.5.

Together with its grounds of appeal, the appellant filed amended claims according to a main request and two auxiliary requests.

II. Subsequent to issuing a summons to oral proceedings, the Board issued a communication on 13 March 2008 stating its provisional opinion.

III. With its reply dated 30 April 2008, the appellant filed replacement main and auxiliary requests.

IV. Oral proceedings were held before the Board on 30 May 2008, during which the appellant withdrew all requests.

Reasons for the Decision

1. The appeal is admissible.

2. No requests in the proceedings - Article 113(2) EPC 1973

Since the appellant withdrew all requests, there is no text in the proceedings which has been submitted to the European Patent Office or agreed by the applicant on which a decision regarding the European patent application can be taken (Article 113(2) EPC 1973).

The appeal must therefore be dismissed.


For these reasons it is decided that:

The appeal is dismissed.

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