T 1650/15 () of 4.12.2015

European Case Law Identifier: ECLI:EP:BA:2015:T165015.20151204
Date of decision: 04 December 2015
Case number: T 1650/15
Application number: 10830528.5
IPC class: B65D 90/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 215.746K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: SHAPED METAL VESSEL
Applicant name: The Coca-Cola Company
Opponent name: -
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 Examining Division of the European Patent Office posted on 9 March 2015 refusing the European Patent application No. 10 830 528.5.

The appellant (applicant) filed a notice of appeal on 18 May 2015 and paid the appeal fee the same day. It subsidiarily requested oral proceedings.

No statement setting out the grounds of appeal was filed.

II. By a communication dated 26 August 2015 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds of appeal had been filed so that the appeal could be rejected as inadmissible.

The appellant was invited to file observations within two months and to clarify whether its auxiliary request for oral proceedings was intended to apply to the issue of (in)admissibility of the appeal.

III. In reaction, the appellant withdrew its auxiliary request for oral proceedings with letter dated 17 September 2015.

Reasons for the Decision

1. The notice of appeal filed on 18 May 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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