| European Case Law Identifier: | ECLI:EP:BA:2001:T001499.20011002 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 02 October 2001 | ||||||||
| Case number: | T 0014/99 | ||||||||
| Application number: | 92400316.3 | ||||||||
| IPC class: | B21B 1/08 B21B 1/10 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Method of rolling steel shapes | ||||||||
| Applicant name: | SUMITOMO METAL INDUSTRIES, LTD. | ||||||||
| Opponent name: | SMS Schloemann-Siemag AG | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Proprietor's request for revocation of the patent | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. In a decision dated 23 October 1998 the Opposition Division rejected the opposition filed against European patent No. 0 498 733.
II. The Appellant appealed against this decision and requested that the patent be revoked.
III. In a letter dated 24 September 2001 the Respondent (patent proprietor) requested revocation of the patent.
Reasons for the Decision
1. The appeal 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 the text in which the patent was granted and that they also refrain from submitting an amended text (cf. decision T 186/84; OJ EPO 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 EPO 1985, 241).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 498 733 is revoked.
