| European Case Law Identifier: | ECLI:EP:BA:2002:T047499.20020225 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 25 February 2002 | ||||||||
| Case number: | T 0474/99 | ||||||||
| Application number: | 91116069.5 | ||||||||
| IPC class: | A61F 13/15 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Hygienic absorbent article | ||||||||
| Applicant name: | KIMBERLY-CLARK CORPORATION | ||||||||
| Opponent name: | SCA MOLNLYCKE AB The Procter & Gamble Company |
||||||||
| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Proprietor's request for revocation of the patent | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. With its interlocutory decision posted on 2 March 1999 the Opposition Division maintained European patent No. 0 477 802 in amended form.
II. Both Opponent I and the Proprietor appealed against this decision.
III. By letter dated 12 February 2002 the Proprietor withdrew its appeal as well as its approval of the text in the form in which the patent was upheld by the Opposition Division. In addition revocation of the patent was requested.
Reasons for the Decision
1. The Opponent's appeal is admissible.
2. If the proprietor of a European patent states in opposition or appeal proceedings that he no longer approves the text in which the patent was granted and is not submitting an amended text, the patent is to be revoked (see T 0073/84, OJ EPO 1985, 241).
A request of the patent proprietor for revocation of the patent is in substance the same as stating disapproval of a given text of the claims and is to be regarded as a withdrawal of agreement to that text (see T 0186/84, OJ EPO 1986, 79).
The present European patent has, therefore, to be revoked (Article 102(1) EPC).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 477 802 is revoked.
