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T 0172/09 () of 10.8.2009

European Case Law Identifier: ECLI:EP:BA:2009:T017209.20090810
Date of decision: 10 August 2009
Case number: T 0172/09
Application number: 00913709.2
IPC class: A61K 7/46
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.319K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Fragrance and flavor compositions containing odor neutralizing agents
Applicant name: Givaudan Nederland Services B.V.
Opponent name: -
Board: 3.3.10
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 lies from the decision of the Examining Division of the European Patent Office refusing European patent application No. 00913709.2. The decision was dispatched by registered letter with advice of delivery to the applicant on 16 July 2008.

The appellant filed a notice of appeal on 3 September 2008 against the decision of the Examining Division. The appeal fee was recorded on the same day.

No separate statement of grounds of appeal was filed.

II. By a communication dated 18 February 2009 sent by registered letter with advice of delivery, the appellant was informed that no statement of 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.

III. No reply from the appellant was received within this time-limit.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as statement of grounds of appeal 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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