|European Case Law Identifier:||ECLI:EP:BA:1991:T066789.19910816|
|Date of decision:||16 August 1991|
|Case number:||T 0667/89|
|IPC class:||C08K 9/10|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Flame retardant|
|Applicant name:||SAFFA S.p.a.|
|Opponent name:||Hoechst AG|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent as consequence of
patentee stating "he no longer approves the next in
which the patent was granted
Summary of Facts and Submissions
I. In a decision dated 30 August 1989 the Opposition Division held that European patent No. 0 052 217 granted upon the subject-matter of European patent application No. 81 107 981.3 could be maintained in amended form.
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 16 July 1991 the representative of the proprietor stated "that he no longer approves the text in which the patent was granted".
Reasons for the Decision
1. The appeal complied 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 30 August 1989 is set aside and the European patent No. 0 052 217 is revoked.