T 1697/09 () of 31.5.2010

European Case Law Identifier: ECLI:EP:BA:2010:T169709.20100531
Date of decision: 31 May 2010
Case number: T 1697/09
Application number: 03763970.5
IPC class: B65D 65/46
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.470K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: WATER SOLUBLE CONTAINER
Applicant name: Reckitt Benckiser (UK) Limited
Opponent name: Henkel AG & Co. KGaA
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 108 Sent 3
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 posted on 16 June 2009 revoking the European patent No. 1 539 605 pursuant to Article 101(3)(b) EPC.

The appellant (patent proprietor) filed a notice of appeal on 13 August 2009 and paid the fee for appeal on the same day.

No statement of grounds was filed.

II. By a communication dated 2 December 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 its appeal could be expected to be rejected as inadmissible.

The appellant was invited to file observations within two months.

III. No answer has been given to the registry's communication.

Reasons for the Decision

1. The notice of appeal filed on 13 August 2009 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

2. 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).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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