T 0014/99 () of 2.10.2001

European Case Law Identifier: ECLI:EP:BA:2001:T001499.20011002
Date of decision: 02 October 2001
Case number: T 0014/99
Application number: 92400316.3
IPC class: B21B 1/08
B21B 1/10
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method of rolling steel shapes
Applicant name: SUMITOMO METAL INDUSTRIES, LTD.
Opponent name: SMS Schloemann-Siemag AG
Board: 3.2.01
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
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. In a decision dated 23 October 1998 the Opposition Division rejected the opposition filed against European patent No. 0 498 733.

II. The Appellant appealed against this decision and requested that the patent be revoked.

III. In a letter dated 24 September 2001 the Respondent (patent proprietor) requested revocation of the patent.

Reasons for the Decision

1. The appeal is admissible.

2. The Respondent's request for revocation of their European patent has to be construed as a statement meaning that they no longer approve the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84; OJ EPO 1986, 79).

3. 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).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The European patent No. 0 498 733 is revoked.

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