|European Case Law Identifier:||ECLI:EP:BA:1990:T020489.19901207|
|Date of decision:||07 December 1990|
|Case number:||T 0204/89|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Method and apparatus of making welded metallic can bodies|
|Applicant name:||TOYO SEIKAN KAISHA LIMITED|
|Opponent name:||SOUDRONIC AG|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent on request of proprietor|
Summary of Facts and Submissions
I. In a decision dated 19 January 1989 the Opposition Division rejected the Opposition filed against European patent No. 0 023 752 granted upon the subject-matter of European patent application No. 80 301 626.0 II. The Appellant (Opponent) appealed against the decision and filed a Statement of Grounds in which he requested that the patent be revoked.
III. In a letter dated of 01 November 1990, the representative of the Appellant stated "... we hereby formally request revocation of the patent".
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 through his representative 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 19 January 1989 is set aside and European patent No. 0 023 752 is revoked.