T 0275/12 () of 23.4.2015

European Case Law Identifier: ECLI:EP:BA:2015:T027512.20150423
Date of decision: 23 April 2015
Case number: T 0275/12
Application number: 06101195.3
IPC class: A47L 13/17
A47L 13/16
B24D 11/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Abrasive wipe for treating a surface
Applicant name: The Procter & Gamble Company
Opponent name: SCA Hygiene Products AB
Board: 3.2.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 111(1)
Keywords: Surrender of patent in all designated states - revocation of the patent at request of the patent proprietor
Surrender of patent in all designated states - termination of appeal proceedings


Cited decisions:
T 0347/90
T 0018/92
T 0481/96
Citing decisions:

Summary of Facts and Submissions

I. The Appellant (proprietor of the patent) lodged an appeal, received on 8 February 2012, against the decision of the opposition division of the European Patent Office posted on 19 December 2011 revoking European patent No. 1688080 pursuant to Article 101(3)b EPC. The appeal fee was paid on the same day. The statement setting out the grounds of appeal was received on 16 April 2012.

Opposition was filed against the patent as a whole. The opposition division held that, taking into account amendments made by the proprietor during opposition proceedings, the patent and the invention to which it relates did not meet the requirements of the EPC. The opposition division therefore revoked the patent.

II. In a communication dated 19 February 2015 the Board summoned the parties to attend oral proceedings on 29 April 2015.

III. With a letter of 8 April 2015 the proprietor declared that they requested the patent be revoked.

Reasons for the Decision

1. The appeal is admissible.

2. According to established jurisprudence, see Case Law of the Boards of Appeal, 7th edition, 2013 (CLBA) IV.C.5.2, see also T 481/96, T 18/92 and T 347/90 cited therein, by requesting the revocation of the patent the appellant simultaneously expresses that he is no longer interested in the continuation of the appeal procedure nor in a decision in respect of the appeal under Article 111 EPC.

3. Therefore the Board, following the established jurisprudence documented above, concludes that the above declaration of the appellant is to be taken as the withdrawal of the appeal.


For these reasons it is decided that:

By the declaration of the appellant of 8 April 2015 implying the withdrawal of the appeal the appeal procedure is terminated; in agreement with the decision of the opposition division the patent remains revoked.

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