T 0705/05 () of 12.1.2006

European Case Law Identifier: ECLI:EP:BA:2006:T070505.20060112
Date of decision: 12 January 2006
Case number: T 0705/05
Application number: 94926409.7
IPC class: A23K 1/18
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 53.445K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Fodder and method for production of fodder containing lipids of low melting temperature, in particular fodder for aquatic organisms
Applicant name: NUTRECO AQUACULTURE RESEARCH CENTRE AS
Opponent name: Karlshamns AB
BioMar Group
Ewos Innovation AS
Board: 3.3.09
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. This appeal is against the decision of the Opposition Division orally announced on 2 March 2005 and issued in writing on 4 April 2005 concerning the rejection of the oppositions filed against the European Patent No. 0 793 423.

The Appellant, BioMar Group (former Opponent 02), filed a Notice of Appeal on 25 May 2005 and paid the appeal fee on the same day. In the Notice of Appeal oral proceedings were requested.

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 of Grounds pursuant to Article 108 EPC, third sentence.

II. By a communication sent by registered letter with advice of Delivery on 20 September 2005, 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. The attention of the Appellant was also drawn to Article 122 EPC.

III. No reply was received within this time limit.

Reasons for the Decision

As no written Statement setting out the Grounds of Appeal has been filed within the time limit provided by Article 108 EPC, the appeal is inadmissible according to Rule 65(1) EPC. Since the appeal is inadmissible, none of the requests in the Notice of Appeal, including the request for oral proceedings, can be considered.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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