T 0574/08 (Detergent composition/UNILEVER) 13-07-2011
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Detergent compositions
I. In its decision dated 26 February 2008 the Opposition Division rejected the opposition against European patent No. 1 302 531.
II. The Appellant (Opponent) appealed against the decision of the Opposition Division, requesting that the decision under appeal be set aside and that the patent be revoked.
III. In a telefax dated 27 June 2011 the Respondents (proprietors of the patent) stated:
"... please be informed that the proprietors of this patent no longer approve the text in which this patent was granted. In other words, the proprietors of this patent wish that the patent be revoked."
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.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent 1 302 531 is revoked.