|European Case Law Identifier:||ECLI:EP:BA:1994:T091691.19941114|
|Date of decision:||14 November 1994|
|Case number:||T 0916/91|
|IPC class:||C04B 24/26|
|Language of proceedings:||EN|
|Download and more information:||
|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|
|Relevant legal provisions:||
|Keywords:||Revocation of European patent at request of the Proprietor
Termination of appeal proceedings - request for revocation of the patent
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.