| European Case Law Identifier: | ECLI:EP:BA:1994:T012992.19940405 | ||||||||
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| Date of decision: | 05 April 1994 | ||||||||
| Case number: | T 0129/92 | ||||||||
| Application number: | 85113014.6 | ||||||||
| IPC class: | F25J 3/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Process to produce a krypton-xenon concentrate and a gaseous oxygen product | ||||||||
| Applicant name: | Union Carbide Corporation | ||||||||
| Opponent name: | Linde Aktiengesellschaft, Wiesbaden | ||||||||
| Board: | 3.2.03 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Request for revocation of the patent by patentee | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. In its decision dated 13 December 1991 the Opposition Division rejected the opposition filed against the European patent No. 0 218 741.
II. The Appellant (Opponent) appealed against the decision of the Opposition Division on 12 February 1992, requesting that the patent be revoked. The appeal fee was paid on 12 February 1992 and the Statement of Grounds filed on 31 March 1992.
III. In a letter dated 14 March 1994 the Respondents (Proprietors of the patent) wrote that the Applicant no longer approves the text as granted and does not intend to submit an amended text.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. 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 EPO 1985, 241).
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 218 741 is revoked.
