T 0236/03 () of 11.2.2005

European Case Law Identifier: ECLI:EP:BA:2005:T023603.20050211
Date of decision: 11 February 2005
Case number: T 0236/03
Application number: 92200908.9
IPC class: C11D 11/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 52.604K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for preparing detergent compositions
Applicant name: Unilever N.V., et al
Opponent name: Henkel KGaA
Cognis Deutschland GmbH & Co. KG
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 Art 65(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

The appeal contests the decision of the Opposition Division of the European Patent Office posted 19. December 2002, revoking the European Patent No. 0 507 402 pursuant to Article 102(1) EPC.

The Appellant (Patentee) filed a Notice of Appeal on 14. February 2003 and paid the fee for appeal on the same day.

No Statement of Grounds of Appeal was filed. The Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

By a communication dated 2 September 2003 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.

No answer has been given within the given time limit to the Registry's communication.

Reasons for the Decision

As no written Statement setting out the Grounds of Appeal has been filed and as the Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds of Appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible (Rule 65(1) EPC in conjunction with Article 108 EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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