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T 1775/09 () of 8.12.2011

European Case Law Identifier: ECLI:EP:BA:2011:T177509.20111208
Date of decision: 08 December 2011
Case number: T 1775/09
Application number: 05008555.4
IPC class: B62M 25/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.165K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Switch style bicycle shift control device
Applicant name: SHIMANO INC.
Opponent name: SRAM Deutschland GmbH
Board: 3.2.01
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The opposition filed against European patent No. 1 553 017 was rejected by the decision of the Opposition Division posted on 17 June 2009. Against this decision an appeal was lodged by the Opponent on 20 August 2009 and at the same time the statement of grounds of appeal was filed and the appeal fee was paid.

II. With letter dated 17 March 2011 the parties were informed that the above mentioned European patent had lapsed with effect for all the designated Contracting states and that the appeal proceedings would be terminated in accordance with the provisions of Rule 84(1) EPC unless a request to continue the proceedings was filed within two months.

III. The Appellant (Opponent) did not submit any request that the appeal proceedings be continued.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC the appeal proceedings are continued after lapse of the patent in all the designated Contracting states at the request of the Opponent filed within two months from the communication of the European Patent Office informing him of the lapse.

As the Appellant did not file any request of continuation of the proceedings the appeal proceedings are thereby terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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