| European Case Law Identifier: | ECLI:EP:BA:2020:T142215.20201026 | ||||||||
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| Date of decision: | 26 October 2020 | ||||||||
| Case number: | T 1422/15 | ||||||||
| Application number: | 05785265.9 | ||||||||
| IPC class: | G01S7/493 H01L27/148 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | A range image sensor | ||||||||
| Applicant name: | Panasonic Corporation | ||||||||
| Opponent name: | IEE International Electronics & Engineering S.A. | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Lapse of patent in all designated states | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. Appeals were filed by the patent proprietor and the opponent against the interlocutory decision of the opposition division.
II. By a communication pursuant to Rule 100(2) EPC, the Board informed the appellants that the European patent had lapsed in all the designated Contracting States and that, pursuant to Rule 84(1) EPC, the appeal proceedings would be discontinued, unless a request for continuation was filed, by either party, within two months of the communication's notification.
III. Both parties declared that they were not interested in continuing the appeal proceedings.
Reasons for the Decision
1. If a European patent has lapsed in all designated Contracting States, opposition proceedings may be continued at the opponent's request (Rule 84(1) EPC). According to Rule 100(1) EPC, this also applies to opposition appeal proceedings.
2. If - as in the present case - both parties have appealed, the patent proprietor too can request that the appeal proceedings be continued (see, for example, T 1590/11, T 660/13 Lapse of the patent; Case Law of the Boards of Appeal of the EPO, 9th edition 2019, III.Q.1.2.2).
3. As both appellants have explicitly declared that they do not wish to continue the proceedings, these are to be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
