|European Case Law Identifier:||ECLI:EP:BA:1991:T056790.19910816|
|Date of decision:||16 August 1991|
|Case number:||T 0567/90|
|IPC class:||C08J 3/22|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process for making self-extinguishing, by means of red phosphorus synthetic thermoplastic materials and products so obtained|
|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 text in
which patent was granted
Summary of Facts and Submissions
I. In a decision dated 7 June 1990 the Opposition Division held that European patent No. 0 085 780 granted upon the subject-matter of European patent application No. 82 111 889.0 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 "... he no longer approves the text in which the patent was granted."
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 7 June 1990 is set aside and the European patent No. 0 085 780 is revoked.