| European Case Law Identifier: | ECLI:EP:BA:1990:T024990.19900807 | ||||||||
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| Date of decision: | 07 August 1990 | ||||||||
| Case number: | T 0249/90 | ||||||||
| Application number: | 84302889.5 | ||||||||
| IPC class: | C25B 11/00 | ||||||||
| Language of proceedings: | EN | ||||||||
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| Title of application: | Electrodes for electrolytic cells | ||||||||
| Applicant name: | Olin Corporation | ||||||||
| Opponent name: | Solvay & Cie | ||||||||
| Board: | 3.4.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Revocation - proprietor | ||||||||
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Summary of Facts and Submissions
I. In an interlocutory decision dated 1 February 1990 the Opposition Division decided to maintain the patent No. 0 125 083 in amended form.
II. The Opponent appealed against this decision by a letter filed on 27 March 1990; the appeal fee was paid on the same date and a statement of grounds filed on 15 May 1990.
III. In a letter dated 19 July 1990 the Respondent (proprietor of the patent) stated: "...it is confirmed that the Patentees wish the patent to be revoked".
Reasons for the Decision
1. The appeal is admissible.
2. The Respondent, proprietor of the patent, has made it clear in the letter dated 19 July 1990 that he wishes the 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 1 February 1990 is set aside and European patent No. 0 125 083 is revoked.
