T 0817/13 (Conformable films and labels) of 11.8.2016

European Case Law Identifier: ECLI:EP:BA:2016:T081713.20160811
Date of decision: 11 August 2016
Case number: T 0817/13
Application number: 96902093.2
IPC class: B32B 5/16
B32B 7/10
B32B 27/08
B32B 27/20
B32B 27/32
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 224.854K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: CLEAR CONFORMABLE ORIENTED FILMS AND LABELS
Applicant name: AVERY DENNISON CORPORATION
Opponent name: Treofan Germany GmbH & Co. KG
TESA SE
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 101(1)
Keywords: Lapse of patent in all designated states (yes)
Termination of appeal proceedings
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The present appeal was filed by the opponent (appellant) against the decision of the opposition division to reject the opposition against European patent No. 0 871 567.

II. With letter dated 4 May 2016, the proprietor (respondent) noted that the term of the patent had lapsed in January 2016.

III. With communication of 18 May 2016, the appellant was asked pursuant to Rule 84(1) in conjunction with Rule 100(1) EPC to inform the board within two months from notification of the communication whether it requested a continuation of the appeal proceedings.

IV. The appellant did not reply to the board's communication within the two-months time limit.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are not continued after the European patent has lapsed in all the contracting states, unless there is a request to that end by the opponent/appellant filed within two months from notification of the lapse.

2. Since in the present case no such request was filed, the proceedings are terminated.

Order

For these reasons it is decided that:

The appeal proceedings are terminated.

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