T 0961/97 () of 30.1.2001

European Case Law Identifier: ECLI:EP:BA:2001:T096197.20010130
Date of decision: 30 January 2001
Case number: T 0961/97
Application number: 91916466.5
IPC class: G07F 1/04
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 14.644K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Housing for coin selectors
Applicant name: AZKOYEN INDUSTRIAL, S.A.
Opponent name: Landis & Gyr Technology Innovation AG
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Patent revoked as consequence of patentee stating: 'we hereby request the unconditional withdrawal of the same'
Catchwords:

-

Cited decisions:
T 0237/86
Citing decisions:
-

Summary of Facts and Submissions

I. The appellant (opponent) lodged an appeal, received 8. August 1997, against the interlocutory decision of the opposition division, dispatched on 14 July 1997, rejecting the opposition against European patent No. 0 499 634 (application No. 91 916 466.5). The appeal fee was paid on 11 August 1997. The statement setting out the grounds of appeal was received on 18. September 1997.

II. The appellant requested that the decision of the opposition division be set aside and that the patent be revoked.

III. In a letter dated 28 December 2000, received on 2. January 2001, the representative of the respondent (patentee) stated the following:

"With respect to the above identified European patent application we would advise you that the applicant is no longer interested with this file and has decided to abandon the same.

Therefore, we hereby request the unconditional withdrawal of the same."

Reasons for the Decision

1. The appeal is admissible.

2. The letter referred to in paragraph III above has to be construed as meaning that the respondent now agrees that the contested patent be revoked, as consistently requested by the appellant.

3. Accordingly, following the principles set out in the decision T 237/86 (OJ EPO 1988, 261), the Board has decided, in the exercise of its powers under Article 111(1) EPC, to revoke the European patent.

ORDER

For these reasons it is decided that:

The decision under appeal is set aside and the patent revoked.

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