14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2017:T206716.20170306|
|Date of decision:||06 March 2017|
|Case number:||T 2067/16|
|IPC class:||A61F 13/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||VACUUM ASSISTED CLOSURE SYSTEM WITH PROVISION FOR INTRODUCTION OF AGENT|
|Applicant name:||KCI Licensing, Inc.|
|Opponent name:||Smith and Nephew, Inc.|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appeal is directed against the decision of the Opposition Division posted on 7 July 2016 revoking European Patent No. 1 168 997.
II. The appellant (proprietor) filed a notice of appeal on 7 September 2016 and paid the appeal fee on the same day.
III. By communication of 2 December 2016, received by the appellant on 13 December 2016 (as confirmed by a notification of receipt signed by the appellant's representative), 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 to the communication.
Reasons for the Decision
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. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC and Rule 99(2) EPC.
Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.