T 0370/91 () of 6.7.1992

European Case Law Identifier: ECLI:EP:BA:1992:T037091.19920706
Date of decision: 06 July 1992
Case number: T 0370/91
Application number: 84300930.9
IPC class: B32B 27/20
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 79 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Synthetic film with a paper-like surface and method of forming same
Opponent name: HOECHST AKTIENGESELLSCHAFT, Frankfurt (Main)
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 113(2)
Keywords: I withdraw this Patent leaving no rights outstanding


Cited decisions:
T 0237/86
T 0430/88
T 0677/90
Citing decisions:
T 0070/94

Summary of Facts and Submissions

I. An appeal was lodged by the Appellant/Opponent against the decision of 25 February 1991 of the Opposition Division, which maintained European patent No. 127 252 in amended form, requesting that the decision be set aside and the patent revoked.

II. In a letter submitted on 16 June 1992, the Respondent/Patentee stated the following:

"I withdraw this patent leaving no rights outstanding."

Reasons for the Decision

1. The appeal is admissible.

2. In accordance with the jurisprudence of the Boards of Appeal (e.g. T 237/86, OJ EPO 1988, 261, T 430/88 of 14 August 1990 and T 677/90 of 17 May 1991), the Board interprets the statement of the Respondent as agreeing to the revocation of the patent (Article 113(2) EPC).

3. The Board can, therefore, in the exercise of its power under Article 111(1) EPC decide to revoke the European patent (Article 102 EPC).


For these reasons, it is decided that:

1. The decision under appeal is set aside.

2. European patent No. 127 252 is revoked.

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