T 1659/15 () of 24.10.2016

European Case Law Identifier: ECLI:EP:BA:2016:T165915.20161024
Date of decision: 24 October 2016
Case number: T 1659/15
Application number: 07809885.2
IPC class: A61F 2/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 221.466K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: EASE OF USE TISSUE REPAIR PATCH
Applicant name: W.L. Gore & Associates, Inc.
Opponent name: Johnson & Johnson Medical GmbH
Board: 3.2.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
European Patent Convention R 126(2)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Opposition Division of 3 February 2015, posted on 15 May 2015.

II. The appellant filed a notice of appeal on 24 July 2015 and paid the appeal fee on the same day.

III. By communication of 22 April 2016, received by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.

IV. No reply was received.

Reasons for the Decision

1. No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC.

2. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC.

3. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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