T 1162/03 (Tocopherol/EASTMAN CHEMICAL) of 5.5.2004

European Case Law Identifier: ECLI:EP:BA:2004:T116203.20040505
Date of decision: 05 May 2004
Case number: T 1162/03
Application number: 95939870.2
IPC class: C07D 311/72
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.610K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for the production of tocopherol and tocopherol/tocotrienol concentrates
Applicant name: EASTMAN CHEMICAL COMPANY
Opponent name: BASF Aktiengesellschaft, Ludwigshafen
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 31 July 2003 revoking the European patent No. 0 790 990. The decision was dispatched by registered letter with advice of delivery on 31. July 2003. The applicant filed a notice of appeal by letter received on 30 September 2003 and paid the fee for appeal on the same date. 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 29 January 2004 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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