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T 0845/07 () of 15.2.2008

European Case Law Identifier: ECLI:EP:BA:2008:T084507.20080215
Date of decision: 15 February 2008
Case number: T 0845/07
Application number: 99850050.8
IPC class: B31F 1/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.597K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Corrugator machine with corrugator belt coated with a polymeric resin material
Opponent name: Mühlen Sohn GmbH & Co.
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is against the decision of the Opposition Division of the European Patent Office dated 14 March 2007 revoking the European patent No. 0950508 pursuant to Article 102(1) EPC 1973.

II. The appellant (patent proprietor) filed a notice of appeal on 18 May 2007 and paid the fee for appeal on the same date.

No statement setting out the grounds of appeal was filed. In addition, the notice of appeal contains nothing that could be regarded as a statement within the meaning of Article 108 EPC, third sentence.

III. By a communication sent by registered post with advice of delivery on 3 September 2007 and received by the appellant on 6 September 2007, the Registry of the Board informed the appellant that no statement setting out the grounds of appeal had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months. The attention of the appellant was also drawn to Rule 84a EPC 1973 and to Article 122 EPC 1973.

IV. No answer has been given to the Registry's communication.

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 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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