T 0758/10 ("Revocation of European patent on request of proprietor") of 8.1.2013

European Case Law Identifier: ECLI:EP:BA:2013:T075810.20130108
Date of decision: 08 January 2013
Case number: T 0758/10
Application number: 02258937.8
IPC class: C08F 2/50
C08F 2/44
G02B 1/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 88.619K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Resin composition
Applicant name: Tokuyama Corporation
Opponent name: BASF SE
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 101(2)
European Patent Convention Art 105a
Keywords: -


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the opposition division posted 4 February 2010 concerning maintenance of the European Patent No. 1323743 in amended form.

II. On 13 April 2010 the opponent filed an appeal against this decision and paid the appeal fee on the same day. The statement setting out the grounds of appeal was submitted by letter dated and received on 11 June 2010. In this letter the appellant requested that the decision of the opposition division be set aside and that the patent be revoked. Furthermore the appellant filed an auxiliary request for oral proceedings.

III. With a letter dated 7 December 2010, the respondent requested that the appeal be dismissed.

IV. In a communication pursuant to Rule 115(1) EPC, sent on 15 November 2012, the Board summoned the parties to oral proceedings to take place on 23 April 2013.

V. With a letter dated 2 November 2012 the proprietor requested that the patent be revoked.

Reasons for the Decision


For these reasons it is decided that:

The decision of the Opposition Division dated 4 February 2010 is set aside and European patent No. 1323743 is revoked.

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