|European Case Law Identifier:||ECLI:EP:BA:2005:T005505.20050621|
|Date of decision:||21 June 2005|
|Case number:||T 0055/05|
|IPC class:||D04H 1/54|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Nonwoven fabric of multi-length, multi-denier fibers and absorbent article formed therefrom|
|Applicant name:||Johnson & Johnson Industria e Comercio Ltda.|
|Opponent name:||The Procter & Gamble Company|
|Relevant legal provisions:||
|Keywords:||Admissibility of the appeal (no)|
Summary of Facts and Submissions
I. In its decision dated 15 November 2004 the Opposition Division maintained the European patent No. 0 875 615 in amended form.
With facsimile from 12 January 2005 the Appellant (Patent Proprietor) filed a Notice of Appeal against this decision and paid the appeal fee on the same day.
The 4 months period for filing a written statement setting out the grounds of appeal pursuant to Article 108 EPC ended on 15 March 2005. No statement of grounds arrived at the EPO by then.
With letter of 4 April 2005 the appellant informed the Board of Appeal that no statement of grounds of appeal would be filed.
II. By a communication dated 11 April 2005, sent by registered letter, with advice of delivery and received by the appellant on 15 April 2005, the Registry of the Board informed the Appellant that no statement of grounds had been filed and that the appeal would 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 to the Registry's communication has been received.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed and the Notice of Appeal does not contain anything that could be regarded as a statement of grounds pursuant 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.