14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2006:T158205.20060518|
|Date of decision:||18 May 2006|
|Case number:||T 1582/05|
|IPC class:||C12P 7/64|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Foodstuff|
|Applicant name:||DANISCO A/S|
|Opponent name:||Novozymes A/S|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeals contest the interlocutory decision of the Opposition Division of the European Patent Office dated 3 November 2005 concerning maintenance of European Patent No. 1 098 988 in amended form.
The appellant I (patentee) filed a notice of appeal on 21 December 2005 and paid the fee for appeal on the same day.
The appellant II (opponent) filed a notice of appeal on 3 January 2006 and paid the fee for appeal on the same day.
No statements of grounds were filed by appellants I and II. Their notices of appeal contain nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
II. By communications dated 12 May 2006 sent by registered letter with advice of delivery, the registry of the Board informed the appellants I and II that no statement of grounds had been filed and that the appeals could be expected to be rejected as inadmissible.
The appellants were invited to file observations within two months.
Attention was also drawn to Article 122 EPC.
Reasons for the Decision
As no written statements setting out the grounds of appeal have been filed, the appeals of appellants I and II have to be rejected as inadmissible (Rule 65(1) EPC in conjunction with Article 108 EPC).
For these reasons it is decided that:
The appeals of appellants I and II are rejected as inadmissible.