T 0904/90 () of 26.2.1992

European Case Law Identifier: ECLI:EP:BA:1992:T090490.19920226
Date of decision: 26 February 1992
Case number: T 0904/90
Application number: 81301834.8
IPC class: C23C 8/20
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 88 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Versions: Unpublished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 carburizing ferrous metals
Applicant name: Air Products and Chemicals
Opponent name: 1) L'Air Liquide S.A.
2) Linde AG
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at request of the


Cited decisions:
T 0237/86
Citing decisions:

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.

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