|European Case Law Identifier:||ECLI:EP:BA:1992:T002091.19920306|
|Date of decision:||06 March 1992|
|Case number:||T 0020/91|
|IPC class:||C08F 6/26|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process for removal of residual monomers form ethylene copolymers|
|Applicant name:||Mobil Oil Corporation|
|Opponent name:||BASF AG|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent on request of proprietor|
Summary of Facts and Submissions
I. In a decision dated 24 July 1990, posted on 31 October 1990 the Opposition Division rejected the Opposition filed against European patent No. 0 127 253 granted upon the subject-matter of European patent application No. 84 300 931.7.
II. On 14 December 1990 the Appellant (Opponent) appealed against the decision and paid the appropriate fee. A Statement of Grounds was filed on 1 March 1991 in which he requested that the patent be revoked.
III. In a letter dated 24 February 1992 the representative of the proprietor stated "... the proprietor wishes the above patent to be revoked."
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:
1. The decision of the Opposition Division is set aside.
2. The patent is revoked.