T 0577/08 () of 23.1.2009

European Case Law Identifier: ECLI:EP:BA:2009:T057708.20090123
Date of decision: 23 January 2009
Case number: T 0577/08
Application number: 00310917.0
IPC class: B65B 61/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.579K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A method for product packaging
Applicant name: Paragon Labels (Norfolk) Limited
Opponent name: Leading Edge Labels Ltd.
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 Sent 3
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 17 January 2008 rejecting the opposition filed against European patent No. 1 118 542 pursuant to Article 101(2) EPC.

The proprietor (hereinafter appellant/proprietor) filed a notice of appeal on 17 March 2008 and paid the fee for appeal on the same day.

The opponent (hereinafter appellant/opponent) filed a notice of appeal on 14 March 2008 and paid the fee for appeal on the same day.

II. With letter dated 22 May 2008 the appellant/proprietor filed the grounds for its appeal.

With letter dated 25 June 2008 the appellant/proprietor withdrew its appeal.

III. By a communication dated 17 July 2008 sent by registered letter with advice of delivery, the registry of the Board informed the appellant/opponent that no statement of grounds had been filed and that its appeal could be expected to be rejected as inadmissible.

The appellant/opponent was invited to file observations within two months.

IV. No answer has been given to the registry's communication.

Reasons for the Decision

1. The appeal filed by the appellant/proprietor having been withdrawn by its letter dated 25 June 2008, the only appeal to be decided is the appeal filed by the appellant/opponent.

2. The notice of appeal of the appellant/opponent filed on 14 March 2008 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

3. As no written statement setting out the grounds of appeal has been filed, the appeal of the appellant/opponent has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal of the appellant/opponent is rejected as inadmissible.

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