T 1061/93 (Ion exchange/ROHM AND HAAS) of 10.11.1994

European Case Law Identifier: ECLI:EP:BA:1994:T106193.19941110
Date of decision: 10 November 1994
Case number: T 1061/93
Application number: 86309492.6
IPC class: B01J 47/04
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 100 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Use of ion exchange resin mixtures in cation exchange processes
Opponent name: Bayer AG, Leverkusen Konzernverwaltung RP Patente Konzern
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation on the request of Proprietor
Termination of appeal proceedings - request for revocation of the patent


Cited decisions:
T 0186/84
T 0237/86
Citing decisions:

Summary of Facts and Submissions

I. In an interlocutory decision dated 16 November 1993, the Opposition Division decided to maintain the patent No. 0. 225 793 in amended form.

II. The Opponent appealed against this decision by a letter filed on 20 December 1993, paid the fee for appeal on the same date and filed a Statement of Grounds of Appeal on 10 March 1994. He requested that the patent be revoked.

III. In a letter dated 21 October 1994 the Patentee (Respondent) stated: "Patentees hereby request revocation of the above-identified European patent for all of the designed states."

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 21 October 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 Decisions T 186/84, OJ EPO 1986, 79 and 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. 0 225 793 is revoked.

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