T 1762/23 (All requests withdrawn/GN HEARING) 02-04-2025
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I. The opponent's appeal lies from the interlocutory decision of the opposition division to maintain the opposed patent in amended form (Article 101(3)(a) EPC). The opponent requested that the appealed decision be set aside and that the patent be revoked.
II. The proprietor filed its notice of appeal but failed to submit a statement setting out the grounds of appeal. In the notice of appeal, the proprietor requested that the decision of the opposition division be set aside and that the opposition be rejected.
III. The board issued a communication under Rule 100(2) EPC including its preliminary opinion.
IV. In a written reply to the board's communication, the proprietor stated that it withdrew "all requests on file".
1. The proprietor's appeal is inadmissible since it failed to file an appeal within the prescribed time limit under Article 108, third sentence, EPC (cf. Rule 101(1) EPC).
2. The proprietor's statement indicated in point IV above means in particular that the proprietor withdrew all the claim requests underlying these appeal proceedings, which also includes the withdrawal of the agreement to the text of the claims as granted.
3. It follows that there is no text agreed by the proprietor of the opposed patent upon which the board could decide (cf. Article 113(2) EPC and T 677/90).
4. Against this background, the patent is to be revoked.
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.