|European Case Law Identifier:||ECLI:EP:BA:1989:T019988.19890317|
|Date of decision:||17 March 1989|
|Case number:||T 0199/88|
|IPC class:||G01N 30/90|
|Language of proceedings:||EN|
|Download and more information:||
|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|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent at request of the propr.|
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.