T 0713/09 () of 27.10.2009

European Case Law Identifier: ECLI:EP:BA:2009:T071309.20091027
Date of decision: 27 October 2009
Case number: T 0713/09
Application number: 00114415.3
IPC class: A61F 5/441
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.805K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Pouch for collecting matter excreted by the body
Applicant name: Bristol-Myers Squibb Company
Opponent name: 1) Hollister Incorporated
2) Stukenkemper, Jochen
Board: 3.2.02
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 opponent appealed against the decision of the Opposition Division dated 23 January 2009 to maintain the European Patent No. 1 068 848 in amended form.

II. The notice of appeal was received on 31 March 2009 and the appeal fee was paid on the same day. However, no statement of grounds of appeal has been filed.

III. In a communication dated 7 July 2009 sent by registered post with advice of delivery, the Board informed the appellant that no statement of grounds of appeal had been filed and that, as a consequence, it was to be expected that the appeal would be rejected as inadmissible. The appellant was also given a time limit of two months for filing observations starting from the date of notification of said communication.

IV. The communication was notified on 9 July 2009. No observations were filed within the given time limit. Furthermore, in a telephone conversation of 2 October 2009 with the representative of the appellant, the Board was informed that no statement setting out the grounds of appeal was posted and never would be.

Reasons for the Decision

1. According to Article 108 EPC, a statement setting out the grounds of appeal shall be filed within four months of notification of the decision.

2. If the appeal does not comply with Article 108 EPC, the appeal must be rejected as inadmissible (Rule 101(1) EPC). In the present case, no statement of grounds has been filed and consequently the appeal is rejected as inadmissible.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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