T 0594/04 () of 1.3.2005

European Case Law Identifier: ECLI:EP:BA:2005:T059404.20050301
Date of decision: 01 March 2005
Case number: T 0594/04
Application number: 96107875.5
IPC class: C08K 5/3435
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.252K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Compositions for the stabilization of synthetic polymers
Applicant name: 3V SIGMA S.p.A.
Opponent name: Ciba Specialty Chemicals Holding Inc.
Board: 3.3.03
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 3 February 2004 and posted 8 March 2004, revoking the European patent No. 0 754 722. The Appellant filed a notice of appeal by a letter received on 5 May 2004 and paid the fee for appeal on the same day. 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 20 August 2004 sent by registered letter with advice of delivery, 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 and attention was drawn to Article 122 EPC.

III. No answer has been given to the Registry's communication.

Reasons for the Decision

As a written statement setting out the grounds of appeal has not 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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