| European Case Law Identifier: | ECLI:EP:BA:1991:T046390.19910902 | ||||||||
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| Date of decision: | 02 September 1991 | ||||||||
| Case number: | T 0463/90 | ||||||||
| Application number: | 83113205.5 | ||||||||
| IPC class: | B60T 13/66 | ||||||||
| Language of proceedings: | EN | ||||||||
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| Title of application: | Trailer braking system | ||||||||
| Applicant name: | Rockwell Internat. Corp. | ||||||||
| Opponent name: | WABCO | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Revocation requested by the proprietor of the patent | ||||||||
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Summary of Facts and Submissions
I. In its decision issued at the oral proceedings of 14 February 1990 and posted in written form on 19 April 1990 the Opposition Division rejected the opposition filed against European patent No. 0 120 143 granted on the subject-matter of European patent application No. 83 113 205.5.
II. The Appellant (Opponent) appealed against the decision of the Opposition Division on 8 June 1990, requesting that the patent be revoked. The appeal fee was also paid on 8 June 1990 and the Statement of Grounds of Appeal filed on 16 August 1990.
III. In a letter dated 23 August 1991 the Respondent (Proprietor) requested revocation of the patent in response to a communication of the Board issued together with the summons to oral proceedings.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. The Respondent's request for revocation of their European patent has to be construed as a statement meaning that they no longer approve of the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84, OJ 1986, 79).
3. Since it follows from the provision according to Article 113(2) EPC that a European patent cannot be maintained against the proprietor's will, the present European patent has, therefore, to be revoked (cf. T 73/84, OJ 1985, 241).
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 120 143 is revoked.
