T 1368/17 21-07-2021
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A method and apparatus for processing a poultry carcass part
Summary of Facts and Submissions
I. The appellant (opponent) lodged an appeal, received on 14 June 2017 against the decision of the Opposition Division of the European Patent Office posted on 19 April 2017 rejecting the opposition filed against European patent No. 2656736. The statement setting out the grounds of appeal was filed on 3 August 2017.
II. In a communication of 5 December 2019 in preparation for oral proceedings the Board gave a provisional opinion on the relevant issues.
Oral proceedings were set for 15 October 2021.
III. A communication pursuant to Rule 84(1) EPC was dispatched on 6 May 2021. It confirmed that the European patent had lapsed for all the designated Contracting States, and that the appeal proceedings might be continued at the request of the appellant/opponent provided that a corresponding request were filed within two months from notification of this communication.
IV. With letter of 6 July 2021 the appellant gave notice that no request for continuation of the appeal proceedings would be filed.
V. An order cancelling oral proceedings was dispatched on 20 July 2021.
Reasons for the Decision
1. It follows from Rule 84(1) EPC in conjunction with Rule 100(1) EPC that proceedings are not continued after the European patent has lapsed, unless the appellant files a request for their continuation within two months of being notified of the lapse by the European Patent Office.
2. With letter of 5 July 2021 the appellant expressly states not to file a request for continuation. Since they do not file a request for continuation, the proceedings are to be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.