T 0533/88 () of 6.11.1989

European Case Law Identifier: ECLI:EP:BA:1989:T053388.19891106
Date of decision: 06 November 1989
Case number: T 0533/88
Application number: 82201070.8
IPC class: A61B 5/08
A61B 5/00
A61B 5/05
A61B 6/00
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 118 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Respiration monitor
Applicant name: Kearns, Kenneth Layne
Opponent name: Biotronik
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: revocation - proprietor


Cited decisions:
T 0237/86
Citing decisions:

Summary of Facts and Submissions

I. In a decision dated 21 September 1988 the Opposition Division rejected the Opposition filed against European patent No. 0 072 601 granted upon the subject-matter of European patent application No. 82 201 070.8.

II. The Appellant appealed against the decision and filed a Statement of Grounds in which he requested that the patent be revoked.

III. In a letter received on 10 October 1989, the representative of the Appellant stated "... we confirm that we wish the above patent to be revoked ...".

Reasons for the Decision

1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.

2. The patentee has made it clear in his letter received on 10 October 1988 that he wishes his patent to be revoked. The Board can therefore in the exercise of its power under Article 111(1) EPC decide to revoke the European patent (see Decision T 237/86, OJ EPO 1988, 261).


For these reasons, it is decided that:

The decision of the Opposition Division dated 21 September 1988 is set aside and European patent No. 0 072 601 is revoked.

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