T 0165/15 () of 21.7.2015

European Case Law Identifier: ECLI:EP:BA:2015:T016515.20150721
Date of decision: 21 July 2015
Case number: T 0165/15
Application number: 07847233.9
IPC class: B65D 81/30
B65D 81/38
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 218.804K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: PROTECTIVE PACKAGING
Applicant name: Unilever PLC
Unilever N.V.
Opponent name: Henkel AG & Co. KGaA
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 Sent 3
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division posted on 13 November 2014 revoking the European patent No. 2 091 840.

The appellants (patent proprietors) filed a notice of appeal on 23 January 2015 and paid the appeal fee on the same day.

No statement setting out the grounds of the appeal was filed.

II. By a communication dated 13 April 2015 sent by registered letter with advice of delivery, the registry of the Board informed the appellants that no statement of grounds of appeal had been filed and that its appeal could be expected to be rejected as inadmissible.

The appellants were 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 23 January 2015 contains nothing that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC.

2. As no such written statement has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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