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T 1601/09 () of 23.2.2010

European Case Law Identifier: ECLI:EP:BA:2010:T160109.20100223
Date of decision: 23 February 2010
Case number: T 1601/09
Application number: 01910035.3
IPC class: A23K 1/14
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.652K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Treatment of infection in animals
Applicant name: MARS UK LIMITED
Opponent name: Cargill, Inc.
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This appeal is against the interlocutory decision of the opposition division dated 13 May 2009 concerning the maintenance of European patent No. 1 261 259 in amended form.

The appellant (patentee), Mars UK Limited, filed a notice of appeal on 23 July 2009 having paid the appeal fee on the day before. In the notice of appeal the appellant announced that detailed arguments in support of the appeal would follow in due course.

However, no statement setting out the grounds of appeal was filed.

II. By a communication dated 29 October 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. Attention was also drawn to Rule 101(1) EPC and to Article 108 EPC. The appellant was invited to file observations within two months.

III. No answer to the registry's communication was received within this time limit.

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).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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