T 0366/05 () of 9.12.2005

European Case Law Identifier: ECLI:EP:BA:2005:T036605.20051209
Date of decision: 09 December 2005
Case number: T 0366/05
Application number: 99300766.5
IPC class: B25H 3/02
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 51.713K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Rolling containers assembly
Applicant name: 500 Group Inc.
Opponent name: Hélène CORRET Cabinet REGIMBEAU
Board: 3.2.07
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

1. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 7 January 2005 revoking the European Patent 0 933 170 pursuant to Article 102(1) EPC.

The Appellant (Proprietor of the patent) filed a notice of appeal on 17 March 2005 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.

2. In a communication dated 22 June 2005 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 informed about the possibility of filing a request for re-establishment of rights under Article 122 EPC and was invited to file observations within two months.

3. No answer has been received within the given time limit to the Registry's communication.

Reason 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:

The appeal is rejected as inadmissible.

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