T 0524/09 () of 30.11.2009

European Case Law Identifier: ECLI:EP:BA:2009:T052409.20091130
Date of decision: 30 November 2009
Case number: T 0524/09
Application number: 95942714.7
IPC class: C08L 23/16
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 13.568K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Gaskets especially for refrigerators based on alpha-olefin polymers
Applicant name: INDUSTRIE ILPEA S.p.A.
Opponent name: REHAU AG & Co.
Board: 3.3.03
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 contests the decision of the Opposition Division of the European Patent Office dated 08 October 2008 and posted 17 December 2008 concerning maintenance of the European patent No. 861 293 in amended form.

The Appellant (Opponent) filed a Notice of Appeal on 27 February 2009 and paid the fee for appeal on the same date. It was requested that the decision under appeal be set aside and that the patent be revoked. Auxiliarily, oral proceedings were requested.

No statement of Grounds of Appeal was filed by the Appellant. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC in conjunction with Rule 99(2) EPC.

II. By a communication dated 02 June 2009 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds of Appeal had been filed and that its appeal could be expected to be rejected as inadmissible. The Appellant was given the opportunity of filing observations within 2 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 by the Appellant, and its Notice of Appeal contains nothing that could be regarded as a Statement of Grounds of Appeal pursuant to Article 108 EPC in conjunction with Rule 99(2) EPC, its appeal has to be rejected as inadmissible (Article 108 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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