T 0421/00 () of 16.11.2000

European Case Law Identifier: ECLI:EP:BA:2000:T042100.20001116
Date of decision: 16 November 2000
Case number: T 0421/00
Application number: 90307878.0
IPC class: A61K 31/725
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Stable solution of hyaluronate in a balanced salt medium
Applicant name: Allergan Pharmaceuticals (Ireland) Limited
Opponent name: FIDIA, S.p.A.
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dated 11. February 2000 concerning the maintenance of the European patent application No. 0 414 373 in amended form. The decision was dispatched by registered letter with advice of delivery on 11 February 2000. The opponent filed a notice of appeal by letter dated 25. April 2000, received on 25 April 2000, and paid the fee for appeal on 25 April 2000. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 1 August 2000 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. The Appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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