14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2008:T116307.20080215|
|Date of decision:||15 February 2008|
|Case number:||T 1163/07|
|IPC class:||A61K 7/075|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Mono and dialkyl quats in hair conditioning compositions|
|Applicant name:||UNILEVER PLC, et al|
|Opponent name:||Henkel Kommanditgesellschaft auf Aktien|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. In its written decision issued 27 June 2007 the Opposition Division rejected the Opposition against the European patent No. 1328243.
With facsimile dated 12 July 2007 the Appellant (Opponent) filed a Notice of Appeal against this decision and paid the appeal fee on the same date. The Appellant requested that the decision of the Opposition Division be set aside and the European Patent revoked.
No statement of Grounds had arrived during the 4 month filing period envisaged by Article 108 EPC.
II. By a communication dated 12 December 2007 and sent by registered letter, 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.
III. With facsimile letter dated 19 December 2007, received on 20 December 2007 the Appellant informed the Board that no Statement of Grounds had been filed.
With facsimile letter dated 6 February 2008 received on 7 February 2008 the Appellant informed the Board that its request for oral proceedings was withdrawn and that the proceedings could be closed.
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 101(1) (formerly 65(1)) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.