T 1288/05 (Grounds of appeal filed out of time) of 24.3.2006

European Case Law Identifier: ECLI:EP:BA:2006:T128805.20060324
Date of decision: 24 March 2006
Case number: T 1288/05
Application number: 98119776.7
IPC class: D06F 39/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.894K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Device for housing washing agents in a washing machine with built-in air break
Applicant name: T&P - S.p.A.
Opponent name: BSH Bosch und Siemens Hausgeräte GmbH
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 Art 122
European Patent Convention 1973 R 65(1)
Keywords: -
Catchwords:

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Cited decisions:
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Citing decisions:
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Summary of Facts and Submissions

I. This matter concerns an appeal against the decision of the Opposition Division posted on 29 July 2005, rejecting the opposition of the European Patent No. 0 913 513.

The Appellant (Opponent) filed a notice of appeal on 4 October 2005 and paid the fee for appeal on the same day. The statement of grounds of appeal was received at the EPO on 9 December 2005.

II. In a communication dated 16 December 2005 sent by registered letter with advice of delivery indicating reception by the Appellant on 19 December 2005, the Registry of the Board informed the Appellant that the statement of grounds had been filed out of time and that the appeal could be expected to be rejected as inadmissible.

The Board's Registry informed the Appellant of the possibility of filing a request for re-establishment of rights under Article 122 EPC and the Appellant was invited to file observations within two months.

III. No answer was received within the given time limit to the Registry's communication.

Reasons for the Decision

As the written statement setting out the grounds of appeal was filed on 9 December 2005, whereas the time limit expired on Thursday 8 December 2005, it was filed out of time. Therefore, 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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