T 0201/96 () of 23.7.1999

European Case Law Identifier: ECLI:EP:BA:1999:T020196.19990723
Date of decision: 23 July 1999
Case number: T 0201/96
Application number: 85101695.6
IPC class: C01F 7/02
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 116 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Rehydration bondable alumina
Applicant name: Aluminum Company of America
Opponent name: Lonza AG
Board: 3.3.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(3)(a)
European Patent Convention 1973 Art 113(2)
Keywords: Proprietor's request for revocation of the patent


Cited decisions:
T 0073/94
Citing decisions:
T 1449/08

Summary of Facts and Submissions

I. An interlocutory decision of the Opposition Division concerning maintenance of the European patent No. 0 153 674 in amended form was posted on 22 December 1995.

II. The Appellant (Opponent) appealed against this decision by a letter filed on 26 February 1996, paid the fee for appeal on the same day and filed a Statement of Grounds of Appeal on 29 April 1996. He requested that the patent be revoked.

III. In a letter dated 16 July 1999 the Respondent (Proprietor) requested 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. It follows from Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the Respondent's request for revocation of his patent, the present European patent has 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. 0 153 674 is revoked.

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