| European Case Law Identifier: | ECLI:EP:BA:2024:T165321.20240411 | ||||||||
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| Date of decision: | 11 April 2024 | ||||||||
| Case number: | T 1653/21 | ||||||||
| Application number: | 12199666.4 | ||||||||
| IPC class: | H04R 25/00 H01Q 1/27 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | A hearing aid having an adaptive antenna matching mechanism and a method for adaptively matching a hearing aid antenna | ||||||||
| Applicant name: | GN Hearing A/S | ||||||||
| Opponent name: | Oticon A/S | ||||||||
| Board: | 3.5.05 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Revocation of the patent - (yes): requested by the proprietor and no claims on file | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal lies from the decision of the opposition division to reject the opposition (Article 101(2) EPC). The opposition division deemed that none of the grounds for opposition invoked by the opponent under Article 100(a) to (c) EPC prejudiced the maintenance of the opposed patent.
II. The parties were summoned to oral proceedings before the board. A communication was issued under Article 15(1) RPBA including the board's negative preliminary opinion regarding compliance with Article 123(2) EPC as to all claim requests then on file. In response to the board's preliminary opinion, the respondent filed further auxiliary requests.
III. Oral proceedings before the board were held on 11 April 2024. The parties' final requests were as follows:
- The appellant (opponent) requested that the decision under appeal be set aside and that the patent be revoked.
- The respondent (patent proprietor) withdrew all its claim requests on file and requested as its final request that the patent be revoked.
At the end of the oral proceedings, the board's decision was announced.
Reasons for the Decision
1. The respondent withdrew all the claim requests underlying these appeal proceedings and explicitly requested the revocation of the opposed patent.
2. It follows that there is no text agreed by the proprietor of the patent upon which the board could decide (cf. Article 113(2) EPC and T 677/90). Against this background, the patent is to be revoked.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
