T 0288/88 () of 10.3.1989

European Case Law Identifier: ECLI:EP:BA:1989:T028888.19890310
Date of decision: 10 March 1989
Case number: T 0288/88
Application number: 81302623.4
IPC class: A61C 1/00
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 141 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A dental apparatus with a number of dental instruments connected to a common control circuit and a common operator unit
Applicant name: A/S Flex Dental
Opponent name: Siemens
Board: 3.2.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Patent revoked as conseq. of patentee's .. abandon


Cited decisions:
T 0237/86
Citing decisions:

Summary of Facts and Submissions

I. In an interlocutory decision dated 26 April 1988 the Opposition Division maintained the European patent No. 0 042 269, granted upon the subject-matter of European patent application No. 81 302 623.4, as amended.

II. The Appellant (Opponent) appealed against this decision on 24 June 1988 and paid the appeal fee at the same time.

A statement setting out the grounds of appeal was filed on 28 June 1988. The Appellant requested the revocation of the European patent.

III. In a letter filed on 9 February 1989 quoting the number of the European patent, the representative of the Respondent (Patentee) stated:

"the Patentees have decided to abandon this patent for commercial reasons".

Reasons for the Decision

1. The appeal complies with Articles 106 to 108 and Rules 1(1) and 64 EPC, it is therefore admissible.

2. The Respondent has made it clear in his letter filed on 9 February 1989 that he wishes to abandon the patent.

Following the principles stated in Decision T 237/86 dated 11 June 1987 "Abandoned patent/SMS" (cf. OJ EPO, 1988, 261), in the exercise of its powers under Article 111(1) EPC this Board can decide to revoke the European patent.


For these reasons, it is decided that:

The decision of the Opposition Division dated 26 April 1988 is set aside, and European patent No. 0 042 269 is revoked.

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