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T 0262/09 (Inadmissibility of the appeal) of 11.1.2010

European Case Law Identifier: ECLI:EP:BA:2010:T026209.20100111
Date of decision: 11 January 2010
Case number: T 0262/09
Application number: 01271096.8
IPC class: D21F 5/18
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.457K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and equipment for drying a pulp web using hot air or different temperatures
Applicant name: Metso Paper, Inc.
Opponent name: Andritz Aktiebolag
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 Sent 3
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal lies against the interlocutory decision of the Opposition Division of the European Patent Office taken at the oral proceedings held on 15 October 2008 to maintain the European patent No. 1 379 727 in accordance with the main request. The decision was posted to the appellant on 18 November 2008. The appellant filed a notice of appeal on 23 January 2009 and paid the fee for appeal on the same date. No statement of grounds was filed. The notice of appeal contains nothing that could be regarded as a statement within the meaning of Article 108 EPC.

II. By a communication dated 06 May 2009, sent by registered letter with advice of delivery and received by the appellant on 12 May 2009 the Registry of the Board informed the appellant that no statement of grounds had been filed and that the appeal would be expected to be rejected as inadmissible.

III. No response has been given to the Registry's communication.

Reasons for the Decision

As no written statements setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence and Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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