|European Case Law Identifier:||ECLI:EP:BA:1996:T044496.19961210|
|Date of decision:||10 December 1996|
|Case number:||T 0444/96|
|IPC class:||F01L 9/04|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Valve control system for internal combustion engine|
|Applicant name:||ISUZU MOTORS LIMITED|
|Opponent name:||FEV Motorentechnik GmbH & Co. KG|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. An appeal was lodged by the appellant (opponent) against the opposition division's decision of 19 March 1996 rejecting the opposition against the European patent No. 0 367 448 (resulting from application No. 89 310 746.6).
The appellant requests that the decision be set aside and the patent revoked.
II. In a letter dated 29 November 1996 the respondent (patentee) stated the following:
"We write to advise you that the patentee has decided not to maintain the patent and that, accordingly, the above patent should be revoked."
Reasons for the Decision
1. The appeal is admissible.
2. The patentee has made it clear in his letter of 29. November 1996 that he wishes his patent to be revoked. Both parties therefore request the revocation of the patent.
The board can therefore, in the exercise of its power under Article 111(1) EPC, decide to revoke the European patent (see decision T 0237/86, OJ EPO 1988, 261). ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 367 448 is revoked.