T 0129/92 () of 5.4.1994

European Case Law Identifier: ECLI:EP:BA:1994:T012992.19940405
Date of decision: 05 April 1994
Case number: T 0129/92
Application number: 85113014.6
IPC class: F25J 3/02
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 98 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process to produce a krypton-xenon concentrate and a gaseous oxygen product
Applicant name: Union Carbide Corporation
Opponent name: Linde Aktiengesellschaft, Wiesbaden
Board: 3.2.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 113(2)
Keywords: Request for revocation of the patent by patentee


Cited decisions:
Citing decisions:
T 0644/93

Summary of Facts and Submissions

I. In its decision dated 13 December 1991 the Opposition Division rejected the opposition filed against the European patent No. 0 218 741.

II. The Appellant (Opponent) appealed against the decision of the Opposition Division on 12 February 1992, requesting that the patent be revoked. The appeal fee was paid on 12 February 1992 and the Statement of Grounds filed on 31 March 1992.

III. In a letter dated 14 March 1994 the Respondents (Proprietors of the patent) wrote that the Applicant no longer approves the text as granted and does not intend to submit an amended text.

Reasons for the Decision

1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.

2. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. T 73/84, OJ EPO 1985, 241).


For these reasons, it is decided that:

1. The decision under appeal is set aside.

2. The European patent No. 0 218 741 is revoked.

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