T 1470/11 () of 13.5.2014

European Case Law Identifier: ECLI:EP:BA:2014:T147011.20140513
Date of decision: 13 May 2014
Case number: T 1470/11
Application number: 01310552.3
IPC class: A61F 13/494
A61F 13/476
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 207.868K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A sanitary napkin
Applicant name: Johnson & Johnson Industrial Ltda.
Opponent name: The Procter & Gamble Company
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Surrender of patent in all designated states - (yes)
Termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (opponent) filed an appeal against the interlocutory decision of the opposition division dated 20 April 2011, whereby European patent No. 1 216 676, which had been granted on European application No. 01 310 552.3, was found, in an amended form, to meet the requirements of the EPC.

II. With its letter of 29 August 2011 the appellant filed a statement of grounds of appeal requesting revocation of the patent.

III. With telefax of 12 January 2012, in reply to the appellant's statement of grounds of appeal, the respondent (proprietor) requested dismissal of the appeal and also filed auxiliary requests 1 and 2.

IV. With telefax of 13 July 2012, the respondent withdrew its request for oral proceedings and requested a written decision.

V. By way of the Board's communication dated 17 January 2014 pursuant to Rule 84(1) EPC, the parties' attention was drawn to the fact that the patent had meanwhile lapsed in all designated Contracting States and that the appeal proceedings might be continued at the request of the opponent (appellant) provided that within two months from notification of that communication such a request were filed.

VI. No reply to the Board's communication was received.

Reasons for the Decision

1. If a European patent has lapsed in all designated Contracting States, opposition proceedings may be continued at the request of the opponent (see Rule 84(1) EPC). According to Rule 100(1) EPC, this also applies in appeal proceedings following opposition proceedings.

2. As no request of the opponent to this effect was filed, the appeal proceedings are to be terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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