T 0978/07 () of 9.3.2010

European Case Law Identifier: ECLI:EP:BA:2010:T097807.20100309
Date of decision: 09 March 2010
Case number: T 0978/07
Application number: 00905322.4
IPC class: C07D 317/36
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for the preparation of glycerol carbonate
Applicant name: KAO CORPORATION
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Patent lapsed in all designated states
Termination of appeal proceedings


Cited decisions:
Citing decisions:
T 0214/13
T 0480/13
T 1042/13
T 1216/13
T 0977/14

Summary of Facts and Submissions

I. The Appellant (Opponent) lodged an appeal against the decision of the Opposition Division of 12 April 2007 rejecting the opposition filed against the European patent No. 1 156 042.

II. In a communication by the registrar of the Board dated 20 July 2009 the parties were informed that the European patent 1 156 042 had lapsed for all the designated states and that the appeal proceedings could be continued at the request of the Opponent provided that within two month from notification of this communication a request is so filed.

III. The Opponent did not request continuation of the proceedings.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1), proceedings are not continued after the European patent has lapsed by non-payment of the renewal fees, unless there is a request to this effect by the Opponent filed within two month as from the notification by the European Patent Office of the lapse.

As in the present case, no such request by the Opponent has been received, the proceedings are to be terminated by a decision of the Board.


For these reasons it is decided that:

The appeal proceedings are terminated.

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