T 1600/20 (Glass-forming machine/FUTRONIC) of 25.7.2022

European Case Law Identifier: ECLI:EP:BA:2022:T160020.20220725
Date of decision: 25 July 2022
Case number: T 1600/20
Application number: 02019725.7
IPC class: G05B 19/042
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 240 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Modular control system for a glass forming machine
Applicant name: futronic GmbH
Opponent name: Siemens Aktiengesellschaft
Board: 3.5.03
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 0949/09
T 0480/13
Citing decisions:

Summary of Facts and Submissions

I. The appeal of the opponent (appellant) lies from the decision of the opposition division maintaining the present European patent in amended form.

II. By a communication under Rule 84(1) EPC dated 10 May 2022, the board informed the parties that the European patent had lapsed in all the designated Contracting States and that, under Rule 84(1) EPC, the appeal proceedings would be discontinued, unless a request for continuation was filed by the appellant/opponent within two months from notification of the board's communication.

III. No request for continuation of the appeal proceedings was received from the appellant.

Reasons for the Decision

1. Under Rule 84(1) EPC in conjunction with Rule 100(1) EPC, appeal proceedings may be continued after the European patent has lapsed, if the opponent files a request to this effect within two months of a communication informing it of the lapse (see, inter alia, decisions T 329/88, T 949/09 and T 480/13).

2. Since no request for continuation of the appeal proceedings was received from the appellant/opponent, and since the state of the file does not imply any grounds for the proceedings to be continued by the EPO of its own motion, the board decides to terminate the appeal proceedings.


For these reasons it is decided that:

The appeal proceedings are terminated.

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