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T 0243/06 (N.V. Nutricia) of 7.2.2007

European Case Law Identifier: ECLI:EP:BA:2007:T024306.20070207
Date of decision: 07 February 2007
Case number: T 0243/06
Application number: 95202695.3
IPC class: A23C 11/04
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 15.462K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A food for pregnant and lactating women
Applicant name: Friesland Brands B.V.
Opponent name: -
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: No Statement of Grounds filed
Appeal inadmissible


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This case relates to the interlocutory decision of the Opposition Division dated 14 December 2005 concerning the maintenance of European Patent No. 0 705 539 in amended form.

The Appellant (Opponent) filed a notice of appeal on 14 February 2006 and paid the appeal fee on the same day. No separate statement of grounds was filed.

II. By a communication dated 22 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. Attention was also drawn to Rule 84a EPC, to the decision of the President of the EPO dated 11 December 1998 (OJ 1999, 45) and to Article 122 EPC. The Appellant was invited to file observations within two months.

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 and the notice of appeal contains nothing that could be regarded as a ground of appeal, the appeal is inadmissible pursuant to Article 108 EPC in conjunction with Rule 65(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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