T 0863/06 () of 16.3.2007

European Case Law Identifier: ECLI:EP:BA:2007:T086306.20070316
Date of decision: 16 March 2007
Case number: T 0863/06
Application number: 98911302.2
IPC class: B65D 81/32
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Versions: Unpublished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: Discharge cap with releasable tablet basket
Applicant name: Coory, Fredrick Michael
Opponent name: BioGala AB
Board: 3.2.07
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:
T 0443/12

Summary of Facts and Submissions

I. In its decision dated 10 April 2006 the Opposition Division rejected the opposition against the European patent No. 1 023 229.

II. The Opponent, BioGala AB, filed a notice of appeal on 8 June 2006 against the decision of the Opposition Division and paid the appeal fee on the same day. No statement of grounds was filed within the prescribed period in accordance with Article 108 EPC.

III. By a communication dated 22 September 2006 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 invited to file observations within two months.

IV. No reply from the Appellant was received within this time-limit.

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.

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