| European Case Law Identifier: | ECLI:EP:BA:2019:T217816.20191010 | ||||||||
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| Date of decision: | 10 October 2019 | ||||||||
| Case number: | T 2178/16 | ||||||||
| Application number: | 09425173.3 | ||||||||
| IPC class: | F16D 69/04 F16D 65/092 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Sintered material friction shoes for disc brakes of railway wheeled vehicles | ||||||||
| Applicant name: | NCFA S.r.l. | ||||||||
| Opponent name: | Cofren S.r.l. | ||||||||
| Board: | 3.2.08 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Lapse of patent in all designated states - continuation of appeal proceedings (no) | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. With the decision posted on 8 July 2016, the opposition division revoked European patent No. 2 119 934.
II. The proprietor filed an appeal against this decision.
III. With the communication dated 14 May 2019, the Board informed the parties that the patent had lapsed in all designated contracting states. The appellant (proprietor) was requested to state within two months whether it wished the appeal proceedings to continue.
IV. The appellant did not file a request for continuation of the appeal proceedings.
Reasons for the Decision
1. By analogy with Rule 84(1) EPC in combination with Rule 100(1) EPC (see Case Law of the Boards of Appeal, 9th edition 2019, III.Q.1.2.2), appeal proceedings are not continued after the European patent has lapsed, unless the appellant files a request for their continuation within two months of being notified of the lapse by the EPO.
2. Since no such request was filed by the appellant, 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.
