T 0368/02 () of 19.9.2002

European Case Law Identifier: ECLI:EP:BA:2002:T036802.20020919
Date of decision: 19 September 2002
Case number: T 0368/02
Application number: 94304555.9
IPC class: C11D 3/39
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Detergent-package combination
Opponent name: Dalli-Werke Wäsche- und Körperpflege GmbH & Co. KG
Henkel KGaA
Unilever PLC
Board: 3.3.06
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

The appeal contests the decision of the Opposition Division of the European Patent Office dated 30 January 2002, revoking the European Patent No. 634 484 pursuant to Article 102(1), (3) EPC.

The Appellant (Patentee) filed a Notice of Appeal on 8 April 2002 and paid the fee for appeal on the same day.

By letter dated 5 June 2002 the Appellant informed that Grounds of Appeal will not be submitted by the patentee acknowledging by himself that the appeal would become inadmissible or would be dismissed.

Nevertheless by a communication dated 18 June 2002 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that a Statement of Grounds was not 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-establishment of rights under Article 122 EPC.

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 and as neither the Notice of Appeal nor the letter of the Appellant dated 5 June 2002 contains 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.

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