| European Case Law Identifier: | ECLI:EP:BA:2025:T013223.20250527 | ||||||||
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| Date of decision: | 27 May 2025 | ||||||||
| Case number: | T 0132/23 | ||||||||
| Application number: | 18701161.4 | ||||||||
| IPC class: | G05B 19/042 B01D 53/26 B01D 53/30 G08C 17/02 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | System comprising an apparatus for treating a fluid and a handheld device, and method for operating such a system | ||||||||
| Applicant name: | Donaldson Filtration Deutschland GmbH | ||||||||
| Opponent name: | Kaeser Kompressoren SE | ||||||||
| Board: | 3.5.05 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Revocation of the patent - (yes): proprietor withdraws all requests on file | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeals lie from the interlocutory decision of the opposition division to maintain the opposed patent in amended form (Article 101(3)(a) EPC). Both the proprietor and the opponent requested that the appealed decision be set aside.
II. During the appeal proceedings before the board, the patent proprietor withdrew its agreement to the text of the patent within the meaning of Article 113(2) EPC, withdrew all the claim requests on file and declared that it would not file any new replacement claim requests.
Reasons for the Decision
1. From the proprietor's withdrawal as indicated in point II above, it follows that there is no text agreed by the proprietor of the opposed patent upon which the board could decide (cf. Article 113(2) EPC and T 677/90).
2. 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.
