T 0201/03 14-09-2003
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Absorbent structure in an absorbent product such as an absorbent pants, diaper, incontinence protector, sanitary napkin, panty liner, dressing or the like
Paul Hartmann AG
The Procter & Gamble Company
I. The appeal lies against the decision of the Opposition Division of the European Patent Office taken at the oral proceedings held on 3 December 2002 revoking the European patent No. 0 855 890. The decision was posted to the appellant on 13 December 2002. The appellant filed a notice of appeal on 11. February 2003 and paid the fee for appeal on 13 March 2003.
No statement of grounds was filed. The notice of appeal contains nothing that could be regarded as statement of grounds pursuant to Article 108 EPC.
II. By a communication dated 5 June 2003, sent by registered letter with advice of delivery and received by the Appellant on 13 June 2003, the Registry of the Board informed the Appellant that no statements of grounds had been filed and that the appeal would be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months and attention was drawn to Article 122 EPC (re-establishment of rights).
III. No response has been given to the Registry's communication.
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).
ORDER
For these reasons it is decided that:
The Appeal is rejected as inadmissible.