14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2007:T063406.20070131|
|Date of decision:||31 January 2007|
|Case number:||T 0634/06|
|IPC class:||A61L 29/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Medical device|
|Applicant name:||Astra Tech AB|
|Opponent name:||Coloplast A/S|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. In its interlocutory decision issued in writing on 23 February 2006 the Opposition Division decided that the European patent No. 0 907 384 as amended met the requirements of the EPC.
II. The Patent Proprietor (Appellant) filed a notice of appeal on 20 April 2006 against the decision of the Opposition Division and paid the appeal fee on the same day. No statement of grounds was filed within the prescribed period in accordance with Article 108 EPC.
III. By a communication dated 11 August 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.