T 1784/09 () of 22.6.2010

European Case Law Identifier: ECLI:EP:BA:2010:T178409.20100622
Date of decision: 22 June 2010
Case number: T 1784/09
Application number: 01400198.6
IPC class: A61K 7/48
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.444K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Nutritional supplement based on blackcurrant seed oil
Applicant name: Johnson & Johnson Consumer France
Opponent name: NESTEC S.A. / L'OREAL
Board: 3.3.10
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. This is an appeal against the revocation of European patent EP 1 120 107 posted 7 July 2009.

A notice of appeal on behalf of the patent proprietor was filed by a letter received on 4 September 2009. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.

II. By a communication dated 15 December 2009 sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal had been filed and that, therefore, it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was invited to file observations within two months. The appellant did not reply to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal according 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.

Quick Navigation