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T 1200/06 () of 18.4.2007

European Case Law Identifier: ECLI:EP:BA:2007:T120006.20070418
Date of decision: 18 April 2007
Case number: T 1200/06
Application number: 94115508.7
IPC class: C08J 9/10
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.549K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Plastic foam material composed of a polyolefin composition and method for making same
Applicant name: SEKISUI CHEMICAL CO., LTD.
Opponent name: Trocellen GmbH
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Appeal inadmissible
Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This case relates to the decision of the Opposition Division orally announced on 25 April 2006 and issued in writing on 22 May 2006 concerning the rejection of the opposition filed against European Patent No. 0 704 476.

The Appellant (Opponent) filed a notice of appeal on 1 August 2006 and paid the appeal fee on the same day. No separate statement setting out the grounds of appeal was filed.

II. By a communication dated 6 November 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 the appeal could be expected to be rejected as inadmissible. Attention was drawn to Rule 84a EPC, to the decision of the President of the EPO dated 11.12.1998 (OJ 1999, 45) and to Article 122 EPC. The Appellant was invited to file observations within two months.

III. No reply was received within this time-limit.

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 ground of appeal, the appeal is inadmissible pursuant to Article 108 EPC in conjunction with Rule 65(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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