T 0199/88 () of 17.3.1989

European Case Law Identifier: ECLI:EP:BA:1989:T019988.19890317
Date of decision: 17 March 1989
Case number: T 0199/88
Application number: 81103049.3
IPC class: G01N 30/90
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 114 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Water-resistant reversed-phase thin layer chromatographic plate and a method for its preparation
Applicant name: Shionogi & Co. Ltd.
Opponent name: Merck Patent GmbH
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at request of the propr.


Cited decisions:
T 0426/86
Citing decisions:

Summary of Facts and Submissions

I. In a decision dated 30 March 1988 the Opposition Division decided to reject the opposition.

II. The Appellant appealed against this decision and requested that the patent be revoked.

III. By letter filed on 7 March 1989 the Respondent informed the Board of Appeal that "the patentee does no longer approve the text in which the patent was granted and does not intend to submit any other text".

Reasons for the Decision

1. The appeal is admissible.

2. The patentee has made it clear in his letter filed on 7 March 1989 that he wishes the patent to be revoked. Following the principles stated in Decision T 426/86 dated 8 July 1987, in the exercise of its power under Article 111(1) EPC the Board has decided to revoke the European patent.


For these reasons, it is decided that:

The Decision of the Opposition Division is set aside, and European patent No. 0 038 571 is revoked.

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