T 0181/21 (Use of sulfonated polymers/P & G) 07-03-2023
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New use of sulfonated polymers
Reckitt Benckiser Finish B.V.
Henkel AG & Co. KGaA
Basis of decision - text or agreement to text withdrawn by patent proprietor
Basis of decision - patent revoked
I. Appeals were filed by opponents 1 and 2 (the appellants) contesting the decision of the opposition division to reject the oppositions against European patent No. EP 3 050 950.
II. In their grounds of appeal, the appellants requested that the decision be set aside and that the patent be revoked in its entirety.
III. In its reply, the proprietor and respondent requested that the appeals be dismissed or, as an auxiliary measure, that the patent be maintained on the basis of one of auxiliary requests 1 to 4 filed on 22 July 2020.
IV. With a letter dated 27 February 2023, the patent proprietor withdrew all its pending requests and stated that it did no longer approve the text of the patent in any form.
1. According to Article 113(2) EPC, the EPO shall decide on European patents only in the text submitted to it or agreed upon by the patent proprietor.
2. Since the patent proprietor withdrew all its pending requests and expressly declared that it did not approve the text of the patent in any form, the proceedings must be terminated with a decision ordering the revocation of the patent without addressing the substantial arguments (Case Law of the Boards of Appeal, 10th edition, 2022, IV.D.2).
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.