| European Case Law Identifier: | ECLI:EP:BA:1999:T020196.19990723 | ||||||||
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| Date of decision: | 23 July 1999 | ||||||||
| Case number: | T 0201/96 | ||||||||
| Application number: | 85101695.6 | ||||||||
| IPC class: | C01F 7/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Rehydration bondable alumina | ||||||||
| Applicant name: | Aluminum Company of America | ||||||||
| Opponent name: | Lonza AG | ||||||||
| Board: | 3.3.05 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Proprietor's request for revocation of the patent | ||||||||
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Summary of Facts and Submissions
I. An interlocutory decision of the Opposition Division concerning maintenance of the European patent No. 0 153 674 in amended form was posted on 22 December 1995.
II. The Appellant (Opponent) appealed against this decision by a letter filed on 26 February 1996, paid the fee for appeal on the same day and filed a Statement of Grounds of Appeal on 29 April 1996. He requested that the patent be revoked.
III. In a letter dated 16 July 1999 the Respondent (Proprietor) requested revocation of the patent.
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. It follows from Article 113(2) EPC that a European patent cannot be maintained against the Proprietor's will. Thus, in view of the Respondent's request for revocation of his patent, the present European patent has 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. 0 153 674 is revoked.
