T 0064/14 () of 2.12.2015

European Case Law Identifier: ECLI:EP:BA:2015:T006414.20151202
Date of decision: 02 December 2015
Case number: T 0064/14
Application number: 05008718.8
IPC class: C09D 5/00
C09D 5/29
C09D 5/30
C09D 5/36
C09D 5/38
C09C 1/00
C09C 1/62
C09C 1/64
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 219 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for multi-layer special effect coating
Applicant name: E. I. du Pont de Nemours and Company
Opponent name: Akzo Nobel Coatings International N.V.
BASF Coatings GmbH
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Patent lapsed in all designated states
Termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (opponent 2) lodged an appeal against the interlocutory decision of the opposition division that the European patent No. 1 591 492 could be maintained in amended form based on the main request filed with letter of 22 December 2011.

II. By communication of the board dated 5 August 2015, pursuant to Rules 84(1) and 100(1) EPC, the parties' attention was drawn to the fact that, according to the entries in the European Patent Register, the patent had lapsed in all designated contracting states, and the appellant was asked to inform the board, within a two-month time limit, whether it requested a continuation of the appeal proceedings.

III. The appellant did not reply within the time limit of two months. On 2 December 2015, the registrar of the board contacted the appellant by telephone. The appellant confirmed that it had received the communication of the board dated 5 August 2015 and that it did not wish to request continuation of the appeal proceedings.

Reasons for the Decision

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

2. Since no such request has been received from the appellant within the time limit set, the appeal proceedings are to be terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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