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T 0135/08 () of 5.11.2008

European Case Law Identifier: ECLI:EP:BA:2008:T013508.20081105
Date of decision: 05 November 2008
Case number: T 0135/08
Application number: 01994249.9
IPC class: C08G 63/78
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16.251K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods of post-polymerisation extruder injection in condensation polymer production
Applicant name: WELLMAN, INC.
Opponent name: Ciba Spezialitätenchemie Holding AG
Board: 3.3.03
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 contests the decision of the Opposition Division of the European Patent Office dated 7 November 2007 and posted 20 November 2007 revoking European Patent No. 1349884 pursuant to Article 102(1) EPC 1973.

The Appellant filed a notice of appeal on 21 January 2008 by letter dated 16 January 2008. The fee for appeal was paid on 16 January 2008.

No Statement of Grounds was filed.

II. By a communication dated 7 May 2008 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. The Appellant was invited to file observations within two months.

III. No answer to the Registry's communication has been received.

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 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) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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