14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2006:T053406.20060928|
|Date of decision:||28 September 2006|
|Case number:||T 0534/06|
|IPC class:||A61F 13/15|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Absorbent article comprising microporous film|
|Applicant name:||The Procter & Gamble Company|
|Opponent name:||Kimberly-Clark Corporation|
|Relevant legal provisions:||
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).
For these reasons it is decided that:
The appeal is rejected as inadmissible.