T 0578/01 (Melt extruded polymeric compositions/GRACE) of 7.12.2001

European Case Law Identifier: ECLI:EP:BA:2001:T057801.20011207
Date of decision: 07 December 2001
Case number: T 0578/01
Application number: 89302077.6
IPC class: B29C 31/06
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Versions: Unpublished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: Melt extruded polymeric compositions and processes of moulding them
Applicant name: W.R. Grace & Co.-Conn.
Opponent name: DS-Chemie GmbH
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 102(1)
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing statement setting out the grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 20. March 2001, revoking the European patent No. 0 331 485 pursuant to Article 102(1) EPC.

The appellant (patent proprietor) filed a notice of appeal on 23 May 2001 and paid the fee for appeal on the same date.

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 17 August 2001 sent by registered letter with advice of delivery, the Registry of the Board informed the appellant that no statement setting out the grounds of appeal had been filed and that the appeal was to be expected to be rejected as inadmissible. The appellant was invited to file observations within two months. Furthermore, the appellant's attention was also drawn to Article 122 EPC (re-establishment of rights).

III. No answer has been received within the given time limit to the Registry's 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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