|European Case Law Identifier:||ECLI:EP:BA:1992:T090490.19920226|
|Date of decision:||26 February 1992|
|Case number:||T 0904/90|
|IPC class:||C23C 8/20|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process for carburizing ferrous metals|
|Applicant name:||Air Products and Chemicals|
|Opponent name:||1) L'Air Liquide S.A.
2) Linde AG
|Relevant legal provisions:||
|Keywords:||Revocation of European patent at request of the
Summary of Facts and Submissions
I. In a decision dated 9 August 1990, with written reasons posted on 14 September 1990 the Opposition Division rejected the Opposition filed against European patent No. 0 063 655 granted upon the subject-matter of European patent application No. 81 301 834.8.
II. On 13 November 1990 the Appellant (Opponent 02) appealed against the decision and paid the appropriate fee. On 23 January 1991 he filed a Statement of Grounds in which he requested that the patent be revoked.
III. In a letter dated 19 February 1992 the representative of the patentee stated "... herewith the patentee respectfully requests to revoke 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 in accordance with Articles 102(3)(a) and 113(2) (see Decision T 237/86, OJ EPO 1988, 261).
For these reasons, it is decided that:
1. The decision of the Opposition Division is set aside.
2. The patent is revoked.