14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2009:T076309.20091019|
|Date of decision:||19 October 2009|
|Case number:||T 0763/09|
|IPC class:||B23K 35/368|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Flux-cored wire for gas shielded arc welding|
|Applicant name:||KABUSHIKI KAISHA KOBE SEIKO SHO|
|Opponent name:||L'AIR LIQUIDE S.A.
The Lincoln Electric Company
|Relevant legal provisions:||
Summary of Facts and Submissions
I. This matter concerns an appeal against the interlocutory decision of the Opposition Division posted on 3 February 2009, concerning the maintenance of European patent No. 0 688 630 in amended form.
II. The appellant (opponent 02) filed a notice of appeal on 6 April 2009 and paid the fee for appeal on the same date. No statement setting out the grounds for that appeal was filed. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC, third sentence, and Rule 101(1) EPC.
III. By a communication dated 17 July 2009, sent by registered letter with advice of delivery and received on 20 July 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.
IV. No response to the Registry's communication was received.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.