14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2014:T029011.20140211|
|Date of decision:||11 February 2014|
|Case number:||T 0290/11|
|IPC class:||B60R 19/18
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Protective structure for vehicles|
|Applicant name:||Avelda S.r.l|
|Opponent name:||Adler Plastic S.p.A.|
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all desginated states - termination of appeal proceedings|
Summary of Facts and Submissions
I. The appeal is directed against the decision posted
9 December 2010 according to which it was found
that, account being taken of amendments made by the
patent proprietor during the opposition proceedings, European patent No. 1 264 739 and the invention to which it relates meet the requirements of the EPC.
Against this decision an appeal was lodged by the Opponent on 8 February 2011 and the appeal fee was paid on the same day. The statement setting out the grounds of appeal was filed on 6 April 2011.
II. With letter dated 12 August 2013 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 by the Opponent within two months.
III. The Appellant (Opponent) did not submit any request
that the appeal proceedings be continued.
Reasons for the Decision
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.