T 0503/09 () of 12.2.2010

European Case Law Identifier: ECLI:EP:BA:2010:T050309.20100212
Date of decision: 12 February 2010
Case number: T 0503/09
Application number: 01982998.5
IPC class: B65H 19/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16.095K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method for winding a tissue web in a reel-up in a paper machine
Applicant name: Metso Paper Karlstad Aktiebolag
Opponent name: GEORGIA-PACIFIC CORPORATION
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds
Catchwords:

-

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 posted 22 December 2008 rejecting the opposition against the European patent No. 1345833.

The appellant (opponent) filed a notice of appeal on 23 February 2009 and paid the fee for appeal on the same date. No statement setting out the grounds of appeal was filed. The notice of appeal contains nothing that could be regarded as a statement of grounds within the meaning of Article 108 EPC, third sentence.

II. By a communication sent by registered letter with advice of delivery on 12 August 2009 and received by the appellant on 13 August 2009, 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. The attention of the appellant was also drawn to Article 108 and Rule 101(1) EPC.

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

Reasons for the Decision

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. Consequently, the appeal has to be rejected as inadmissible pursuant to Article 108, third sentence EPC in conjunction with Rule 101(1) EPC.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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