14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2007:T044506.20070110|
|Date of decision:||10 January 2007|
|Case number:||T 0445/06|
|IPC class:||A61L 27/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Tubular polytetrafluoroethylene implantable prostheses|
|Applicant name:||Meadox Medicals, Inc.|
|Opponent name:||AESCULAP AG & Co. KG|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. In its interlocutory decision dated 17 January 2006 the Opposition Division decided that the European patent No. 0 698 395 as amended met the requirements of the EPC.
II. The Patent Proprietor (Appellant) filed a notice of appeal on 24 March 2006 against the decision of the Opposition Division and paid the appeal fee on 22 March 2006. No statement of grounds was filed within the prescribed period in accordance with Article 108 EPC.
III. By a communication dated 30 June 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 it was to be expected that the appeal be rejected as inadmissible. The Appellant was invited to file observations within two months.
IV. No reply from the Appellant was received within this time-limit.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.