T 0055/16 () of 17.1.2020

European Case Law Identifier: ECLI:EP:BA:2020:T005516.20200117
Date of decision: 17 January 2020
Case number: T 0055/16
Application number: 99924541.8
IPC class: B65D 81/26
B29C 45/16
B01J 20/28
C08J 9/26
F26B 21/08
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 241 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: MODIFIED POLYMERS HAVING CONTROLLED TRANSMISSION RATES
Applicant name: CSP Technologies, Inc.
Opponent name: Clariant Produkte (Deutschland) GmbH
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention Art 101
European Patent Convention Art 113(2)
Keywords: Withdrawal of approval of any text for maintainance of the patent - Revocation of the patent
Catchwords:

-

Cited decisions:
T 0073/84
T 2405/12
Citing decisions:
-

Summary of Facts and Submissions

I. This decision concerns the appeals filed by the opponent and the patent proprietor against the decision of the opposition division finding that European patent EP 1 092 120 as amended meets the requirements of the EPC.

II. The opponent/appellant requested that the decision under appeal be set aside and that the patent be revoked in its entirety.

III. By letter dated 18 November 2019, the patent

proprietor/appellant declared:

"The proprietor/appellant hereby states that the text in which the patent was granted is no longer approved and that it will not be submitting an amended text".

Reasons for the Decision

1. Pursuant to Article 113(2) EPC the EPO shall consider, and decide upon, the European patent only in the text submitted to it, or agreed, by the proprietor of the patent.

2. Such an agreement cannot be deemed to exist if the patent proprietor/appellant - as in the present case - expressly states that it no longer approves the text of the patent as granted and declares that it will not be submitting an amended text.

3. Where there is no text of the patent on which basis the board can consider the appeal of the patent proprietor/appellant, the only possibility available to the board is to revoke the patent as envisaged by Article 101 EPC. In this context reference is made to T 73/84 (OJ EPO 1985, 241) as well as to T 2405/12 and the decisions cited therein.

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

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