T 2002/09 () of 15.4.2010

European Case Law Identifier: ECLI:EP:BA:2010:T200209.20100415
Date of decision: 15 April 2010
Case number: T 2002/09
Application number: 04818772.8
IPC class: A61Q 5/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16.114K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Hair conditioning compositions
Applicant name: Unilever PLC, et al
Opponent name: Henkel AG & Co. KGaA
KPSS-Kao Professional Salon Services GmbH
Board: 3.3.07
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. The appeal contests the decision of the Opposition Division of the European Patent Office given at the oral proceedings on 28 July 2009, revoking the European patent No. 1725298.

The written decision was dispatched by registered letter with advice of delivery on 10 August 2009.

On 2 October 2009 the Patent Proprietors (Appellants) filed a notice of appeal and paid the fee for appeal at the same time. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 22 January 2010 and sent by registered post, the Registry of the Board informed the Appellants that no Statement of Grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellants were invited to file observations within two months.

III. The Appellants filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, 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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