T 0527/95 () of 18.1.1996

European Case Law Identifier: ECLI:EP:BA:1996:T052795.19960118
Date of decision: 18 January 1996
Case number: T 0527/95
Application number: 88112317.8
IPC class: D21D 1/40
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 102 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and apparatus for treating pulp
Opponent name: Kamyr AB
Board: 3.2.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)
European Patent Convention 1973 Art 113(2)
Keywords: Revocation of European patent at request of the proprietor


Cited decisions:
T 0073/84
Citing decisions:

Summary of Facts and Submissions

I. In an interlocutory decision dated 28 April 1995 the Opposition Division decided to maintain the patent 0. 315 737.

II. The appellant appealed against this decision by a letter filed on 27 June 1995 on the same date paid the fee for appeal and filed a statement of grounds of appeal in which he requested that the patent be revoked.

III. In a letter dated 18 January 1996 the respondent stated "...that the patentee no longer approves the granted text of the patent."

Reasons for the Decision

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

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 No. 0 315 737 is revoked.

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