T 0148/03 (Liquid crystal composition/MERCK) of 21.1.2005

European Case Law Identifier: ECLI:EP:BA:2005:T014803.20050121
Date of decision: 21 January 2005
Case number: T 0148/03
Application number: 95302501.2
IPC class: C09K 19/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.588K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method for producing a nematic liquid crystal composition
Applicant name: CHISSO CORPORATION
Opponent name: Merck Patent GmbH
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office dated 28. November 2002 revoking the European patent No. 0681020. The decision was dispatched by registered letters with advice of delivery on 28 November 2002. The proprietor filed a notice of appeal by letter dated 28. January 2003, received on 28 January 2003, and paid the fee for appeal on 28 January 2003. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 27 May 2003 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. The Appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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