T 0204/89 () of 7.12.1990

European Case Law Identifier: ECLI:EP:BA:1990:T020489.19901207
Date of decision: 07 December 1990
Case number: T 0204/89
Application number: 80301626.0
IPC class: -
Language of proceedings: EN
Distribution:
Download and more information:
Decision text in EN (PDF, 123.501K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and apparatus of making welded metallic can bodies
Applicant name: TOYO SEIKAN KAISHA LIMITED
Opponent name: SOUDRONIC AG
Board: 3.2.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation of European patent on request of proprietor
Catchwords:

-

Cited decisions:
T 0237/86
Citing decisions:
-

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).

ORDER

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.

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