14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2005:T033405.20051103|
|Date of decision:||03 November 2005|
|Case number:||T 0334/05|
|IPC class:||B65H 3/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Sheet separator friction pad|
|Applicant name:||Lexmark International Inc.|
|Opponent name:||Canon Inc.|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is against the decision of the Opposition Division of the European Patent Office concerning maintenance of European patent No. 0 875 474 in amended form. The decision was sent to the appellant (opponent) on 29 November 2004.
The appellant filed a notice of appeal on 9 February 2005 and paid the appeal fee at the same time.
No statement setting out the grounds of appeal was filed. In addition, the notice of appeal contains nothing that could be regarded as a statement within the meaning of Article 108 EPC, third sentence.
II. By a communication sent by registered letter with advice of delivery on 20 May 2005, and received by the appellant on 23 May 2005, the Registry of the Board informed the appellant that no statement setting out the grounds of appeal 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. The attention of the appellant was also drawn to Rule 84a EPC and to Article 122 EPC.
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, 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.