T 0480/13 () of 5.11.2014

European Case Law Identifier: ECLI:EP:BA:2014:T048013.20141105
Date of decision: 05 November 2014
Case number: T 0480/13
Application number: 05256732.8
IPC class: C23C 4/12
H05H 1/42
F01D 5/28
F01D 5/00
B23P 6/00
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Versions: Unpublished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: Method for repairing thermal barrier coatings
Applicant name: United Technologies Corporation
Opponent name: Siemens Aktiengesellschaft
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings


Cited decisions:
T 0329/88
T 0289/06
T 0978/07
T 0949/09
T 0178/12
T 1132/12
Citing decisions:
T 0002/12
T 0214/13
T 0795/13
T 1042/13
T 0167/14
T 0977/14
T 1006/14
T 0188/15
T 0596/15
T 1680/16
T 1905/16
T 1942/16
T 0335/17
T 2240/17
T 2442/18
T 2482/18
T 0088/20
T 1600/20

Summary of Facts and Submissions

I. The appellant (opponent) lodged an appeal against the decision of the Opposition Division rejecting the opposition filed against the European patent 1 652 955.

II. In a communication of the Board dated 20 August 2014 the parties were informed that from the Register it was known that the European patent had lapsed for all the designated Contracting States and that the appeal proceedings could be continued at the request of the opponent provided that within two months from notification of this communication a corresponding request is filed.

III. The respondent (patent proprietor) with its fax dated 3 September 2014 confirmed that the patent lapsed with effect for all designated Contracting states.

IV. The appellant did not request continuation of the proceedings.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are not continued after the European patent has lapsed, unless there is a request to this effect by the opponent filed within two months from notification by the European Patent Office of the lapse (see e.g. T 329/88; T 289/06; T 978/07; T 949/09; T 1133/12; all not published in OJ EPO).

Since no such request was filed by the appellant, the proceedings are terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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