T 0055/08 () of 7.11.2008

European Case Law Identifier: ECLI:EP:BA:2008:T005508.20081107
Date of decision: 07 November 2008
Case number: T 0055/08
Application number: 02009249.0
IPC class: C08B 31/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.467K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Waxy potato starch stabilised via hydroxypropylation
Applicant name: National Starch and Chemical Investment Holding
Opponent name: Südzucker Aktiengesellschaft
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: -


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office dated 16 October 2007 and posted 16 November 2007, rejecting the opposition pursuant to Article 102(2) EPC 1973.

The appellant (opponent) filed a notice of appeal on 9 January 2008 and paid the appeal fee on the same day.

No Statement of Grounds was filed.

II. By a communication dated 6 May 2008 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.

III. No answer 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 as the notice of appeal contains nothing that could be regarded as Statement of Grounds pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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