14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2013:T023013.20131031|
|Date of decision:||31 October 2013|
|Case number:||T 0230/13|
|IPC class:||B65D 17/32|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Can end with tab retained by chemical adhesive member|
|Applicant name:||Rexam Beverage Can Europe Limited|
|Opponent name:||Ball Packaging Europe GmbH|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal contests the interlocutory decision of the Opposition Division dated 28 November 2012 concerning maintenance of European Patent No. 1 846 301 in amended form.
The appellant (patent proprietor) filed a notice of appeal on 28 January 2013 and paid the fee for appeal on the same day.
No statement of grounds was filed.
II. By a communication dated 14 May 2013 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 its appeal could be expected to be rejected as inadmissible.
The appellant was invited to file observations within two months.
III. No answer has been given to the registry's communication.
Reasons for the Decision
1. The notice of appeal filed on 28 January 2013 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
2. As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.