14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2008:T018708.20081119|
|Date of decision:||19 November 2008|
|Case number:||T 0187/08|
|IPC class:||B01D 5/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Distillation process for easily polymerizable substance-containing solution|
|Applicant name:||NIPPON SHOKUBAI CO., LTD|
|Opponent name:||THE DOW CHEMICAL COMPANY|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal lies from the interlocutory decision of the opposition division posted 8 November 2007 concerning maintenance of the European patent No. 1 097 742 in amended form.
II. The appellant (opponent) filed a notice of appeal on 18 January 2008 and paid the appeal fee on the same day. It requested that the patent be fully revoked.
III. No further submission was filed by the appellant within the time limit set by Article 108 EPC.
IV. By a communication dated 9 May 2008 sent by registered letter with advice of delivery, the registrar of the board informed the appellant that since no written statement of grounds had been filed, it was to be expected that the appeal would be rejected as inadmissible. The appellant was invited to file observations within two months.
V. The appellant did not reply to this communication within the set time limit and did not, to date, file any further submission.
Reasons for the Decision
As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, and as the notice of appeal does not contain anything that could be regarded as a statement setting out the grounds of appeal in accordance with Article 108 EPC and Rule 99(2) EPC, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.