| European Case Law Identifier: | ECLI:EP:BA:2022:T160020.20220725 | ||||||||
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| Date of decision: | 25 July 2022 | ||||||||
| Case number: | T 1600/20 | ||||||||
| Application number: | 02019725.7 | ||||||||
| IPC class: | G05B 19/042 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Modular control system for a glass forming machine | ||||||||
| Applicant name: | futronic GmbH | ||||||||
| Opponent name: | Siemens Aktiengesellschaft | ||||||||
| 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 maintaining the present European patent in amended form.
II. By a communication under Rule 84(1) EPC dated 10 May 2022, the board informed the parties that the European patent had lapsed in all the designated Contracting States and that, under 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. Under 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, T 949/09 and T 480/13).
2. Since no request for continuation of the appeal proceedings was received from the appellant/opponent, and since the state of the file does not imply any grounds for the proceedings to be continued by the EPO 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.
