| European Case Law Identifier: | ECLI:EP:BA:2003:T046297.20030331 | ||||||||
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| Date of decision: | 31 March 2003 | ||||||||
| Case number: | T 0462/97 | ||||||||
| Application number: | 84115561.7 | ||||||||
| IPC class: | H04M 1/72 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Address encoding system for portable battery - operated devices | ||||||||
| Applicant name: | MOTOROLA, INC. | ||||||||
| Opponent name: | Nokia Mobile Phones Ltd Koninklijke Philips Electronics N.V. |
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| Board: | 3.5.01 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | National patents lapsed in all designated states Termination of appeal proceedings |
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| Catchwords: |
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Summary of Facts and Submissions
European patent No. 0 148 458 granted for the Contracting States Germany, France and United Kingdom was, in opposition proceedings, the subject of an interlocutory decision, against which one of the opponents lodged an appeal in due time and form.
In a communication posted 30 December 2002, the opponents were notified that the patent had lapsed with effect for all the designated Contracting States and that the appeal proceedings could only be continued at the request of the appellant opponent to be filed in a stated period. Such a request has not been received within the time required.
Reasons for the Decision
The patent has lapsed in all designated Contracting States without a request pursuant to Rule 60(1) EPC has been filed. Under such circumstances, the Board has no legal basis to continue the proceedings (see "Case Law of the Boards of Appeal of the EPO", fourth edition December 2001, page 541).
ORDER
For these reasons it is decided that:
The appeal proceedings are terminated.
