T 0613/04 () of 8.9.2005

European Case Law Identifier: ECLI:EP:BA:2005:T061304.20050908
Date of decision: 08 September 2005
Case number: T 0613/04
Application number: 96919750.8
IPC class: A47L 13/24
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.147K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Mop
Applicant name: Minnesota Mining and Manufacturing Company
Opponent name: Carl Freudenberg KG
Board: 3.2.04
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 maintaining European patent No. 0844844 in amended form. The decision was dispatched by registered letter with advice of delivery to each party on 9 March 2004.

The Appellant (Opponent) filed a notice of appeal on 7 May 2004 and paid the appeal fee on the same day.

No statement setting out the grounds of appeal was filed.

II. By a communication dated 24 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.

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

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC, 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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