T 0194/06 () of 27.11.2006

European Case Law Identifier: ECLI:EP:BA:2006:T019406.20061127
Date of decision: 27 November 2006
Case number: T 0194/06
Application number: 97925677.3
IPC class: B65D 35/22
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.247K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Uniform dispensing multichamber tubular containers
Applicant name: Colgate-Palmolive Company
Opponent name: UNILEVER N.V./UNILEVER PLC
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

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 14 December 2005 rejecting the opposition filed against European patent No. 0 909 247 pursuant to Article 102(2) EPC.

The appellant (opponent) filed a notice of appeal on 10 February 2006 and paid the fee for appeal on the same day.

II. By a communication dated 30 May 2006 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 invited to file observations within two months. Attention was also drawn to Article 122 EPC.

III. No answer has been given to the registry's communication.

Reasons for the Decision

1. The notice of appeal filed on 10 February 2006 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

2. As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Rule 65(1) EPC in conjunction with Article 108 EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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