| European Case Law Identifier: | ECLI:EP:BA:2020:T195716.20200715 | ||||||||
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| Date of decision: | 15 July 2020 | ||||||||
| Case number: | T 1957/16 | ||||||||
| Application number: | 03739044.0 | ||||||||
| IPC class: | E04C2/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | ANTIMICROBIAL WALLBOARD | ||||||||
| Applicant name: | MICROBAN PRODUCTS COMPANY | ||||||||
| Opponent name: | LANXESS Deutschland GmbH | ||||||||
| Board: | 3.2.03 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states - termination of appeal proceedings | ||||||||
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Summary of Facts and Submissions
I. European patent No. 1 511 905 (hereinafter: the patent) relates to an antimicrobial wallboard.
II. An opposition was filed against the patent, based on the grounds of Article 100(c) EPC, 100(b) EPC and of Article 100(a) EPC together with Article 56 EPC.
In the interlocutory decision the opposition division found that the contested patent met the requirements of the EPC, on the basis of the claims of the auxiliary request 5 (hereinafter: the main request) submitted in electronic form on 19 April 2016.
This decision was appealed by the opponent (hereinafter: the appellant).
III. The appellant requested that the decision under appeal be set aside and the patent be revoked.
The respondent (the patent proprietor) requested that the appeal be dismissed, alternatively that the patent be maintained on the basis of claims of one of auxiliary requests 1 to 4 submitted with the letter of reply to appeal.
IV. With the summons to oral proceedings, the Board sent a communication pursuant to Articles 15(1) and 17(2) of the Rules of Procedure of the Boards of Appeal (RPBA) indicating to the parties its preliminary, non-binding opinion of the case.
V. In a communication by the registrar of the Board dated 15 November 2019 the parties were informed that the patent had lapsed for all the designated states and that the appeal proceedings could be continued at the request of the appellant provided that within two month from notification of this communication a request is so filed.
VI. The appellant did not request continuation of the proceedings.
Reasons for the Decision
1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are not continued after the European patent has lapsed, unless there is a request to this effect by the opponent filed within two month as from the notification by the European Patent Office of the lapse.
2. As in the present case no such request by the appealing opponent has been received within the given time limit, the proceedings are to be terminated by a decision of the Board.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
