T 1579/12 () of 30.9.2014

European Case Law Identifier: ECLI:EP:BA:2014:T157912.20140930
Date of decision: 30 September 2014
Case number: T 1579/12
Application number: 04022749.8
IPC class: C08F 265/06
C08L 33/08
C08L 33/10
C08F 2/22
C09D 133/08
C09D 133/10
C09D 133/12
F16F 7/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 209 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Use of a water-based emulsion for vibration damper
Applicant name: NIPPON SHOKUBAI CO., LTD.
Opponent name: Rohm and Haas Company
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
Keywords: Lapse of patent in all designated states - continuation of appeal proceedings (no)


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. European Patent Nr. 1 520 865 was revoked by decision of the opposition division dated 17 April 2012 and posted on 2 May 2012. The patent designated the contracting states DE, FR and GB.

II. The patent proprietor appealed against the decision on 6 July 2012, the statement of grounds of appeal being submitted on 12 September 2012.

III. The opponent, now respondent, filed a reply to the appeal by letter on 29 January 2013.

IV. The patent lapsed in all three designated states:

DE on 1 April 2014

FR on 30 September 2013

GB on 24 September 2013.

V. Lapse of the patent was notified to the parties by a communication pursuant to R. 84(1) EPC of 12 August 2014 (EPO Form 2369).

VI. By letter of 15 September 2014 the respondent(opponent) requested that the board terminate the appeal proceedings.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC if an European patent has lapsed in all the designated contracting states, opposition proceedings may be continued at the request of the opponent.

2. The opponent has explicitly requested by letter of 15 September 2014 termination of the appeal proceedings.


For these reasons it is decided that:

The appeal proceedings are terminated.

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