| European Case Law Identifier: | ECLI:EP:BA:2001:T083697.20010104 | ||||||||
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| Date of decision: | 04 January 2001 | ||||||||
| Case number: | T 0836/97 | ||||||||
| Application number: | 89303127.8 | ||||||||
| IPC class: | A61M 25/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Variable shaped catheter system and method for catheterization | ||||||||
| Applicant name: | Medtronic AVE, Inc. | ||||||||
| Opponent name: | Biotronik Mess- und Therapiegeräte GmbH & Co Ingenieurbüro Berlin |
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| Board: | 3.2.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Patentee's agreement with the revocation of the patent | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. In an interlocutory decision dated 30 May 1997, the Opposition Division decided to maintain the patent 0. 339 799 in amended form.
II. The Opponent appealed against this decision by letter filed on 30 July 1997, paid the fee for appeal on the same date and filed a statement of grounds of appeal on 1. September 1997, in which he requested that the patent be revoked.
III. In a letter dated 2 November 2000 the Respondent stated:
"The patentee has decided not to maintain the above European patent. Therefore, the patentee agrees to the revocation of this patent."
Reasons for the Decision
1. The appeal complies with Articles 106 to 108 and Rule 64 EPC and is admissible.
2. From the statement referred to above under point III it follows that the patentee no longer approves the text in which the patent was maintained and will not submit any amended text, so that the patent has to be revoked.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
