T 0896/96 () of 11.8.2000

European Case Law Identifier: ECLI:EP:BA:2000:T089696.20000811
Date of decision: 11 August 2000
Case number: T 0896/96
Application number: 86300043.6
IPC class: A61K 7/18
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 14.322K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Oral hygiene compositions
Applicant name: BEECHAM GROUP p.l.c.
Opponent name: HENKEL KGaA
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation of European patent on request of the proprietor
Catchwords:

-

Cited decisions:
T 0237/86
Citing decisions:
-

Summary of Facts and Submissions

I. In a decision dated 7 August 1996 the Opposition Division maintained the European patent No. 0 188 313 in amended form.

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

III. In a letter dated 21 July 2000 the representative of the proprietor stated that he withdrew the patent as granted.

Reasons for the Decision

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

2. With letter dated 21 July 2000, the respondent (patentee) declared that he withdrew his patent. According to the established Case Law of the Board of Appeal (see e.g. Decision T 237/86, OJ EPO 1988, 261) declarations of the patentee which, whatever their exact wording is, make it clear that the patentee does not wish the patent to be maintained are equivalent to a request for the patent to be revoked. As both parties agreed on the same request, the Board exercises its power under Article 111(1) EPC and decides to revoke the European patent.

ORDER

For these reasons it is decided that:

The decision of the Opposition Division dated 7 August 1996 is set aside and European patent No. 0 188 313 is revoked.

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