| European Case Law Identifier: | ECLI:EP:BA:2003:T061801.20030305 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 05 March 2003 | ||||||||
| Case number: | T 0618/01 | ||||||||
| Application number: | 92902434.7 | ||||||||
| IPC class: | G01N 33/574 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Prescreening of prostate cancer by serum prostatic specific antigen | ||||||||
| Applicant name: | ENDORECHERCHE INC. | ||||||||
| Opponent name: | Roche Diagnostics GmbH Abbott Laboratories |
||||||||
| Board: | 3.3.08 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Revocation at request of proprietor | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. In a decision dated 27 March 2001, the Opposition Division revoked the European patent No. 0 579 607 with the title "Prescreening of prostate cancer by serum prostate specific antigen" for lack of novelty.
II. With their letter dated 28 May 2001, the Appellants (Patentees) filed a notice of appeal. They paid the appeal fee and submitted a statement of grounds of appeal on 30 July 2001. They requested that the decision under appeal be set aside and that the patent be upheld in its granted form or with the auxiliary request dated 16 December 1998.
III. Respondents I and II (Opponents 1 and 2) filed submissions in answer to the grounds of appeal on 7. August 2002 and 18 February 2002, respectively.
IV. On 4 December 2002, the parties were summoned to oral proceedings to take place on 14 July 2003. The Board sent a communication pursuant to Article 11(2) of the Rules of procedure of the Boards of Appeal together with the summons.
V. In their letter dated 20 February 2003, the Appellants requested that the patent be revoked.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and was admissible as filed.
2. Following the principle laid down in decision T 459/88 of 13 February 1989 that it cannot be in the public interest to maintain a patent against its proprietor's will, the Board decides to accept the Appellants' request and to revoke the European patent.
ORDER
For these reasons it is decided that:
The appeal is dismissed.
