T 1054/09 () of 1.2.2010

European Case Law Identifier: ECLI:EP:BA:2010:T105409.20100201
Date of decision: 01 February 2010
Case number: T 1054/09
Application number: 98913310.3
IPC class: C08F 10/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 13.263K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Catalyst system for high yield synthesis of polyolefins
Applicant name: INEOS EUROPE LIMITED
Opponent name: TOTAL PETROCHEMICALS RESEARCH FELUY S.A.
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 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 2 March 2009 and posted 6 March 2009 revoking European patent No. 0971962.

The Appellant filed a notice of appeal on 6 May 2009. The fee for appeal was paid on the same day.

No Statement of Grounds was filed.

II. By a communication dated 21 August 2009 sent by registered letter with advice of delivery, 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.

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 and the notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC, the 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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