T 0221/94 () of 4.8.1997

European Case Law Identifier: ECLI:EP:BA:1997:T022194.19970804
Date of decision: 04 August 1997
Case number: T 0221/94
Application number: 85104912.2
IPC class: D06M 15/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 88.911K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for the production of rubberreinforcing polyester cord
Applicant name: Toyo Boseki Kabushiki Kaisha
Opponent name: Akzo Nobel Faser AG
HOECHST Aktiengesellschaft Zentrale Patentabteilung
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation of European patent on request of proprietor
Catchwords:

-

Cited decisions:
T 0237/86
Citing decisions:
-

Summary of Facts and Submissions

I. In a decision posted 21 January 1994, the Opposition Division rejected two opposition filed against European patent No. 0 162 313 granted upon the subject-matter of European patent application No. 85 104 912.2.

II. The Appellant (Opponent 02) appealed against the decision and filed a statement of grounds in which he requested that the patent be revoked.

III. In a letter dated 22 July 1997 the representative of the patentee stated: "... it is requested to revoke 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 has made it clear through his representative that he wishes his patent to be revoked. The Board can therefore in the exercise of its power under Article 111(1) EPC decide to revoke the European patent (see Decision T 237/86, OJ EPO 1988, 261).

ORDER

For these reasons it is decided that:

The decision of the opposition Division posted 21 January 1994 is set aside and European patent No. 0 162 313 is revoked.

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