T 0534/06 (No grounds of appeal filed) of 28.9.2006

European Case Law Identifier: ECLI:EP:BA:2006:T053406.20060928
Date of decision: 28 September 2006
Case number: T 0534/06
Application number: 98955201.3
IPC class: A61F 13/15
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.850K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Absorbent article comprising microporous film
Applicant name: The Procter & Gamble Company
Opponent name: Kimberly-Clark Corporation
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:

-

Cited decisions:
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Citing decisions:
-

Summary of Facts and Submissions

I. This matter concerns an appeal against the decision of the Opposition Division posted on 27 January 2006, rejecting the opposition to the European Patent No. 1 061 879.

The Appellant (Opponent) filed a notice of appeal on 6 April 2006 and paid the fee for appeal on the same day.

II. In a communication dated 11 July 2006 sent by registered letter with advice of delivery indicating reception by the Appellant on 17 July 2006, 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 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 to the Registry's communication was received within the given time limit.

IV. In response to a corresponding question of the Board's Registrar, with facsimile dated 22 September 2006 the appellant's representative withdrew the request for oral proceedings.

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 statement of grounds pursuant to Article 108 EPC, 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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