T 0322/90 () of 3.9.1990

European Case Law Identifier: ECLI:EP:BA:1990:T032290.19900903
Date of decision: 03 September 1990
Case number: T 0322/90
Application number: 84200560.5
IPC class: C07C 51/487
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 121 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for the optical resolution of (+/-) 2- (6'methoxy-2'-naphthyl) -propionic acids
Applicant name: Nobel Chemicals AB
Opponent name: Syntex Pharmaceuticals
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation - proprietor


Cited decisions:
T 0186/84
Citing decisions:

Summary of Facts and Submissions

I. In a decision dated 1 February 1990 the Opposition Division decided to reject the opposition filed against European Patent 0 132 854 granted upon the subject-matter of European patent application No. 84 200 560.5.

II. The Appellant appealed against this decision by a telex received on 10 April 1990, paid the fee for appeal on the same date and filed a Statement of Grounds of appeal on 8 June 1990, in which he requested that the patent be revoked.

III. In a letter received on 28 August 1990, the Respondent requested the revocation of the European patent.

Reasons for the Decision

1. The appeal complies with Articles 106 to 108 and Rule 84 EPC and is admissible.

2. The patentee has made it clear in his letter of 28 August 1990 that he wishes the patent to be revoked. Following the principles stated in Decision T 186/84 (OJ EPO 1986, 79), in the exercise of its powers under Article 111(1) EPC the Board has decided to revoke the European patent.


For these reasons, it is decided that:

The Decision of the Opposition Division dated 1 February 1990 is set aside, and European patent No. 0 132 854 is revoked.

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