T 1122/22 (LAMINATED STRUCTURE AND STAND UP POUCH MADE THEREOF / Nova Chemicals (International) S.A.) 03-11-2022
LAMINATED STRUCTURE AND STAND UP POUCH MADE THEREOF
SABIC Global Technologies B.V. /
SABIC Petrochemicals B.V.
I. The appeal is directed against the decision of the opposition division to reject the opposition against European patent no. 3 256 317, posted on 18 February 2022.
II. The appellants filed a notice of appeal on 15 April 2022 and paid the appeal fee on the same day. No statement of grounds of appeal was received within the time limit provided by Article 108, third sentence, EPC.
III. By communication of 26 July 2022, receipt of which was confirmed by the appellants, the Registry of the Board informed the appellants 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 appellants were informed that any observations had to be filed within two months of notification of the communication.
IV. No reply was received within the two month time limit.
No written statement of 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 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.