14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2013:T196512.20131112|
|Date of decision:||12 November 2013|
|Case number:||T 1965/12|
|IPC class:||B65C 9/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Apparatus for drying external surfaces of containers to be labelled|
|Applicant name:||Europool S.r.l.|
|Opponent name:||KHS GmbH|
|Relevant legal provisions:||
|Keywords:||Lapse of patent - termination of the appeal proceedings|
Summary of Facts and Submissions
I. The appellant (opponent) lodged an appeal against the decision of the Opposition Division rejecting its opposition filed against European patent No. 1 927 547.
II. With a communication dated 27 August 2013 the parties were informed by the Board that according to the information available to the European Patent Office the patent had lapsed in all the designated Contracting States.
In the communication the respondent (patent proprietor) was requested to confirm this information within a period of two months after notification of the communication. The respondent did not reply to the Board's communication within said time limit.
Further, in the same communication the appellant was informed that pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC the appeal proceedings could be continued, if a corresponding request were filed within two months from notification of the Board's communication. The appellant confirmed with a letter dated 25 September 2013 that it did not request a continuation of the appeal proceedings.
Reasons for the Decision
1. Since in the present case the appellant confirmed with its letter dated 25 September 2013 that it did not request a continuation of the appeal proceedings, the proceedings can be terminated (see e.g. T 329/88; T 949/09; T 1133/12; all not published in OJ EPO).
For these reasons it is decided that:
The appeal proceedings are terminated.