| European Case Law Identifier: | ECLI:EP:BA:2020:T224017.20200309 | ||||||||
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| Date of decision: | 09 March 2020 | ||||||||
| Case number: | T 2240/17 | ||||||||
| Application number: | 05853191.4 | ||||||||
| IPC class: | H04Q 1/14 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Telecommunications patching system that utilizes RFID tags to detect and identify patch cord interconnections | ||||||||
| Applicant name: | COMMSCOPE INC. OF NORTH CAROLINA | ||||||||
| Opponent name: | TKM Telekommunikation und Elektronik GmbH | ||||||||
| Board: | 3.5.03 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states - termination of appeal proceedings | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal of the opponent (appellant) lies
from the decision of the opposition division rejecting the opposition filed against the present European patent.
II. By a communication pursuant to Rule 84(1) EPC dated
17 December 2019, the board informed the parties 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 the
appellant/opponent within two months from notification of the board's communication.
III. No request for continuation of the appeal proceedings was received from the appellant.
Reasons for the Decision
1. Pursuant to Rule 84(1) EPC in conjunction with
Rule 100(1) EPC, appeal proceedings may be continued
after the European patent has lapsed, if the opponent
files a request to this effect within two months of a
communication informing it of the lapse (see, inter
alia, decisions T 329/88 of 22 June 1993; T 949/09 of
17 October 2012 and T 480/13 of 5 November 2014).
2. Since no request for continuation of the appeal
proceedings was received from the appellant/opponent, and since the state of the file gives no grounds for the proceedings to be continued by the European Patent Office of its own motion, the board decides to terminate the appeal proceedings.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
