|European Case Law Identifier:||ECLI:EP:BA:2002:T025402.20021015|
|Date of decision:||15 October 2002|
|Case number:||T 0254/02|
|IPC class:||B05D 1/02|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Method for reducing microfoam in a spray-applied waterborne thermoset composition|
|Applicant name:||ROHM AND HAAS COMPANY|
|Opponent name:||BASF Aktiengesellschaft, Ludwigshafen|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal contests the decision of the Opposition Division of the European Patent Office posted 5. December 2001, concerning maintenance of the European patent No. 0 694 337 in amended form.
The Appellant (Patentee) filed a Notice of Appeal on 1. February 2002 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 19 June 2002 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months and attention was drawn to the possibility of filing a request for re-establishing of rights under Article 122 EPC.
III. No answer has been given 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 and as the Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds of Appeal according to Article 108 EPC, 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.