| European Case Law Identifier: | ECLI:EP:BA:1989:T053388.19891106 | ||||||||
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| Date of decision: | 06 November 1989 | ||||||||
| Case number: | T 0533/88 | ||||||||
| Application number: | 82201070.8 | ||||||||
| IPC class: | A61B 5/08 A61B 5/00 A61B 5/05 A61B 6/00 H05G |
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| Language of proceedings: | EN | ||||||||
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| Title of application: | Respiration monitor | ||||||||
| Applicant name: | Kearns, Kenneth Layne | ||||||||
| Opponent name: | Biotronik | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | revocation - proprietor | ||||||||
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Summary of Facts and Submissions
I. In a decision dated 21 September 1988 the Opposition Division rejected the Opposition filed against European patent No. 0 072 601 granted upon the subject-matter of European patent application No. 82 201 070.8.
II. The Appellant appealed against the decision and filed a Statement of Grounds in which he requested that the patent be revoked.
III. In a letter received on 10 October 1989, the representative of the Appellant stated "... we confirm that we wish the above patent to be revoked ...".
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The patentee has made it clear in his letter received on 10 October 1988 that he wishes his patent to be revoked. The Board can therefore in the exercise of its power under Article 111(1) EPC decide to revoke the European patent (see Decision T 237/86, OJ EPO 1988, 261).
ORDER
For these reasons, it is decided that:
The decision of the Opposition Division dated 21 September 1988 is set aside and European patent No. 0 072 601 is revoked.
