T 0204/11 () of 10.12.2014

European Case Law Identifier: ECLI:EP:BA:2014:T020411.20141210
Date of decision: 10 December 2014
Case number: T 0204/11
Application number: 00900300.5
IPC class: A61K 31/40
C07D 207/34
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 220.422K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: PROCESS FOR THE PRODUCTION OF AMORPHOUS ATORVASTATIN CALCIUM
Applicant name: Ranbaxy Laboratories Limited
Opponent name: Williams, Paul Edwin
Bohmann, Armin K., Dr.
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - continuation of appeal proceedings (no)
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The opponent 1 (appellant) lodged an appeal against the decision of the opposition division posted on 16 November 2010, by which the oppositions against European patent No. 1 185 264 were rejected.

II. By communication of the board of 12 September 2014, the parties' attention was drawn to the fact that the patent had meanwhile lapsed in all designated contracting states, and the appellant was asked to inform the board whether it requested a continuation of the appeal proceedings.

III. The appellant did not reply within the time limit of two months.

Reasons for the Decision

1. If a European patent has lapsed in all designated contracting states, opposition proceedings may be continued at the request of the opponent (Rule 84(1)EPC). According to Rule 100(1) EPC, this also applies in appeal proceedings following opposition proceedings.

2. Since the appellant has not, within the time limit set, requested the continuation of the appeal proceedings and the state of the file gives no grounds for the proceedings to be continued by the board of its own motion, the appeal proceedings are terminated (see T 329/88 of 22 June 1993; T 165/95 of 7 July 1997; T 749/01 of 23 August 2002; T 436/02 of 25 June 2004; T 289/06 of 17 December 2007).

Order

For these reasons it is decided that:

The appeal proceedings are terminated.

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