14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2007:T105906.20070226|
|Date of decision:||26 February 2007|
|Case number:||T 1059/06|
|IPC class:||D04H 1/54|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Creased nonwoven web with stretch and recovery|
|Applicant name:||KIMBERLY-CLARK WORLDWIDE, INC.|
|Opponent name:||The Procter & Gamble Company|
|Relevant legal provisions:||
|Keywords:||No statement of grounds of appeal filed|
Summary of Facts and Submissions
I. This matter concerns an appeal against the decision of the Opposition Division posted on 25 April 2006, revoking the European Patent No. 0 835 339.
II. The Appellant (Proprietor) filed a notice of appeal on 5 July 2006 and paid the fee for appeal on the same day. No statement of grounds was filed. The notice of appeal contained nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
III. In a communication dated 18 October 2006, sent by registered letter with advice of delivery indicating receipt by the Appellant on 19 October 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.
IV. In the same communication, 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.
V. By a response dated 6 February 2007 and received by the European Patent Office on the same day, the Appellant informed the Board of Appeal that, intentionally, no written statement of grounds had been filed.
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.