T 0584/07 () of 10.12.2007

European Case Law Identifier: ECLI:EP:BA:2007:T058407.20071210
Date of decision: 10 December 2007
Case number: T 0584/07
Application number: 96911815.7
IPC class: A61K 7/16
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.517K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Dentifrice compositions
Applicant name: THE PROCTER & GAMBLE COMPANY
Opponent name: INEOS Silicas Limited
Board: 3.3.07
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention R 101(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. In its written decision issued 2 February 2007 the Opposition Division revoked the European patent No. 824340.

With facsimile dated 5 April 2007 the Appellants (Patent Proprietors) filed a Notice of Appeal against this decision and paid the appeal fee on the same date. The Appellants requested that the patent be maintained as granted.

No statement of Grounds had arrived during the 4 month filing period envisaged by Article 108 EPC.

II. By a communication dated 18 July 2007 and sent by registered letter, the Registry of the Board informed the Appellants that no Statement of Grounds had been filed and that the appeal would be rejected as inadmissible. The Appellants were invited to file observations within two months.

III. No response to said communication was received by the EPO.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, and since the Notice of Appeal does not contain anything 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 101(1) (formerly 65(1)) EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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