T 0798/90 () of 25.4.1991

European Case Law Identifier: ECLI:EP:BA:1991:T079890.19910425
Date of decision: 25 April 1991
Case number: T 0798/90
Application number: 84306416.3
IPC class: A43B 13/16
A43B 17/02
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 81 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Sole construction for footwear
Applicant name: New Balance Athletic Shoe
Opponent name: Puma AG
Board: 3.2.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation requested by the proprietor of the patent


Cited decisions:
T 0073/84
T 0186/84
Citing decisions:
T 1936/18
T 3007/18
T 0320/19

Summary of Facts and Submissions

I. In its decision dated 1 August 1990 the Opposition Division maintained the European patent No. 137 762 in amended form.

II. The Appellants (Opponents) appealed against the decision of the Opposition Division on 2 October 1990, requesting that the patent be revoked. The appeal fee was paid on 2 October 1990 and the statement of grounds filed on 3 December 1990.

III. In a letter dated 4 April 1991 the Respondents (proprietors of the patent) likewise requested 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 Respondents' request the revocation of their European patent. This has to be construed as a statement meaning that they no longer approve of the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84; OJ EPO 1986, 79).

3. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. T 73/84; OJ EPO 1985, 241).


For these reasons, it is decided that:

1. The decision under appeal is set aside.

2. The European patent No. 137 762 is revoked.

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