T 0560/02 () of 8.11.2002

European Case Law Identifier: ECLI:EP:BA:2002:T056002.20021108
Date of decision: 08 November 2002
Case number: T 0560/02
Application number: 95926809.5
IPC class: B32B 15/01
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Versions: Unpublished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: A bimetallic strip for a sliding bearing and process for producing said bimetallic strip
Opponent name: DANA Corporation
Federal-Mogul Wiesbaden GmbH
Board: 3.3.07
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 decision of the Opposition Division of the European Patent Office posted on 26. March 2002 revoking European patent No. 0 785 866 pursuant to Article 102(1) EPC.

The Appellant (Proprietor of the patent) filed a notice of appeal on 28 May 2002 and paid the fee for appeal on 31. May 2002.

No statement of ground 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 21 August 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 informed about the possibility of filing a request for re-establishment of rights under Article 122 EPC and was invited to file observations within two months.

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

IV. By letter dated 4 November 2002 the Appellant withdrew its request for oral proceedings.

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.

Quick Navigation