T 0121/99 () of 11.9.2001

European Case Law Identifier: ECLI:EP:BA:2001:T012199.20010911
Date of decision: 11 September 2001
Case number: T 0121/99
Application number: 84304672.3
IPC class: G05B 19/404
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Versions: Unpublished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: Machine tool control
Applicant name: AE PLC
Opponent name: Mahle GmbH
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Keywords: Revocation in effect requested by both parties - patent revoked


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. An appeal was lodged by the Appellant (Opponent) against the decision of 10 December 1998 of the Opposition Division, with written reasons posted 5. January 1999, which rejected the opposition against European patent No. 0 132 341 (application No. 84 304 672.3), requesting that said decision be set aside and the patent be revoked in toto.

II. In response to the Board sending a summons to oral proceedings with an accompanying communication, the representative of the Respondent (Patentee) stated in a letter dated 11 July 2001 "...On the instructions of the Patentee, I herewith withdraw this patent.". In response to a telephone query by the Board, by facsimile letter dated 7 September the representative of the Respondent stated that he now had instructions from his client to agree to withdrawal of the application ab initio, and indicated that the Respondent accepted that this would result in the patent being revoked.

Reasons for the Decision

1. The appeal is admissible.

2. The Respondent has indicated that it desires to withdraw the application, and thus the patent, ab initio, which requires the Board to revoke the patent. As the Appellant requests revocation, the parties' requests in effect coincide, and accordingly the Board in the exercise of its powers under Article 111(1) EPC decides to revoke the patent.


For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

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