T 0088/06 (Carbon fibre/SURFACE TRANSFORMS) of 16.8.2006

European Case Law Identifier: ECLI:EP:BA:2006:T008806.20060816
Date of decision: 16 August 2006
Case number: T 0088/06
Application number: 98938807.9
IPC class: C04B 35/83
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 54.324K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Carbon-carbon fibre composite materials
Opponent name: SGL Carbon AG
Board: 3.3.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing statement of grounds of appeal
Appeal inadmissible: yes


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is from the decision of the opposition division dated 10 November 2005 revoking the European patent No. 1 019 339. The appellant (proprietor of the patent) filed on 19 January 2006 a notice of appeal against the said decision. The appeal fee was paid on the same day. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. By a communication dated 26 April 2006 sent by registered letter with advice of delivery, the appellant was informed that since no statement of grounds had been filed it was to be expected that the appeal would be rejected as inadmissible. The appellant was invited to file observations within two months. The appellant did not reply to this communication within the set time limit. Following an inquiry of the registrar of the board by telephone, the representative of the appellant confirmed in its telecopy of 7 August 2006, that the appellant "has decided not to proceed further with this appeal and so has not and will not file a statement of grounds of appeal" and "that the appeal may be dismissed as inadmissible".

Reasons for the Decision

As it appears from the telecopy of 7 August 2006, the appellant has chosen not to file a written statement setting out the grounds of appeal according to Article 108 EPC. The appeal has therefore 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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