14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2005:T061704.20050914|
|Date of decision:||14 September 2005|
|Case number:||T 0617/04|
|IPC class:||A22C 21/06|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Apparatus for opening the body cavity of a slaughtered bird|
|Applicant name:||Maschinefabriek Meyn B.V.|
|Opponent name:||Stork PMT B.V.|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal contests the decision of the Opposition Division of the European Patent Office rejecting the opposition pursuant to Article 102(2) EPC. The decision was dispatched by registered letter with advice of delivery to each party on 12 March 2004.
The Appellant (Opponent) filed a notice of appeal on 11. 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 26 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).
For these reasons it is decided that:
The appeal is rejected as inadmissible.