Boards of Appeal symbol


Boards of Appeal

Contact us using an online form

Richard-Reitzner-Allee 8
85540 Haar

All contact information

Boards of Appeal and key decisions conference

14-15 November 2018
EPO Munich

Register now


T 1358/11 () of 15.2.2012

European Case Law Identifier: ECLI:EP:BA:2012:T135811.20120215
Date of decision: 15 February 2012
Case number: T 1358/11
Application number: 02256328.2
IPC class: C09D 5/02
C08F 265/04
B05D 7/00
C09D 133/00
C09D 151/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.597K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Coating composition based on a bimodal emulsion copolymer, methods of blocking stains, improving hiding, improving block resistance and improving shear stability
Opponent name: BASF SE
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office dispatched on 14 April 2011, rejecting the opposition pursuant to Article 101(2) EPC.

The Appellant filed a notice of appeal by letter received on 21 June 2011 and paid the fee for appeal on the same day.

No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 10 October 2011 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. No answer to the Registry's communication has been received.

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).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation