T 0916/91 () of 14.11.1994

European Case Law Identifier: ECLI:EP:BA:1994:T091691.19941114
Date of decision: 14 November 1994
Case number: T 0916/91
Application number: 84850329.8
IPC class: C04B 24/26
Language of proceedings: EN
Distribution: C
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Versions: Unpublished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: A cement mortar and concrete with a reduced water absorption and a method for manufacture thereof
Applicant name: Polyrand AB
Opponent name: HOECHST Aktiengesellschaft Werk Kalle-Albert
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at request of the Proprietor
Termination of appeal proceedings - request for revocation of the patent


Cited decisions:
T 0237/86
Citing decisions:

Summary of Facts and Submissions

I. In an interlocutory decision dated 13 September 1991, the Opposition Division decided that patent No. 0. 145 685 as amended met the requirements of the EPC.

II. The Opponent appealed against this decision by a letter filed on 18 November 1991, paid the fee for appeal on the same date and filed a Statement of Grounds of Appeal on 22 January 1992. He requested that the patent be revoked.

III. In a letter dated 2 November 1994 the Patentee (Respondent) stated: "In the matter of European patent No. 0 145 685 ..... we hereby apply for 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 Patentee (Respondent) has made clear in his letter dated 2 November 1994 that he wishes his patent to be revoked. The Board can therefore in 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:

The decision of the opposition Division is set aside and European patent No. 0 145 685 is revoked.

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