T 0158/08 () of 28.10.2011

European Case Law Identifier: ECLI:EP:BA:2011:T015808.20111028
Date of decision: 28 October 2011
Case number: T 0158/08
Application number: 91106365.9
IPC class: H01J 37/12
H01J 37/252
H01J 37/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.413K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Charged particle beam apparatus
Applicant name: Hitachi, Ltd.
Opponent name: Carl Zeiss NTS GmbH
Board: 3.4.03
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Patent lapsed in all designated states
Termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (opponent) lodged an appeal against the interlocutory decision of the opposition division of 10 October 2007 maintaining the European patent EP 0452969 in amended form.

II. In a communication from the registrar of the board dated 4 July 2011 the parties were informed that the European patent had lapsed for all designated states and that the appeal proceedings could be continued at the request of the opponent provided that within two months from the notification of this communication a request to this effect was filed.

III. The opponent did not request continuation of the proceedings.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings will only be continued after the European patent has lapsed for non-payment of the renewal fees if there is a request to this effect by the opponent filed within two months as from the notification by the European Patent Office of the lapse.

2. As in the present case, the appellant did not request the continuation of the proceedings, these are to be terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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