| European Case Law Identifier: | ECLI:EP:BA:1989:T028888.19890310 | ||||||||
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| Date of decision: | 10 March 1989 | ||||||||
| Case number: | T 0288/88 | ||||||||
| Application number: | 81302623.4 | ||||||||
| IPC class: | A61C 1/00 | ||||||||
| Language of proceedings: | EN | ||||||||
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| Title of application: | A dental apparatus with a number of dental instruments connected to a common control circuit and a common operator unit | ||||||||
| Applicant name: | A/S Flex Dental | ||||||||
| Opponent name: | Siemens | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Patent revoked as conseq. of patentee's .. abandon | ||||||||
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Summary of Facts and Submissions
I. In an interlocutory decision dated 26 April 1988 the Opposition Division maintained the European patent No. 0 042 269, granted upon the subject-matter of European patent application No. 81 302 623.4, as amended.
II. The Appellant (Opponent) appealed against this decision on 24 June 1988 and paid the appeal fee at the same time.
A statement setting out the grounds of appeal was filed on 28 June 1988. The Appellant requested the revocation of the European patent.
III. In a letter filed on 9 February 1989 quoting the number of the European patent, the representative of the Respondent (Patentee) stated:
"the Patentees have decided to abandon this patent for commercial reasons".
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rules 1(1) and 64 EPC, it is therefore admissible.
2. The Respondent has made it clear in his letter filed on 9 February 1989 that he wishes to abandon the patent.
Following the principles stated in Decision T 237/86 dated 11 June 1987 "Abandoned patent/SMS" (cf. OJ EPO, 1988, 261), in the exercise of its powers under Article 111(1) EPC this Board can decide to revoke the European patent.
ORDER
For these reasons, it is decided that:
The decision of the Opposition Division dated 26 April 1988 is set aside, and European patent No. 0 042 269 is revoked.
