T 0753/08 () of 20.10.2008

European Case Law Identifier: ECLI:EP:BA:2008:T075308.20081020
Date of decision: 20 October 2008
Case number: T 0753/08
Application number: 00942569.5
IPC class: A23K 1/16
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.616K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Feed for salmonids
Applicant name: Biomar Group
Opponent name: Ewos Innovation AS
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
Keywords: -


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal lies against the interlocutory decision of the Opposition Division dated 1 February 2008 concerning the maintenance of European Patent No. 1 199 947 in amended form.

The Appellant (Opponent) filed a Notice of Appeal on 11 April 2008 and paid the appeal fee on the same day. In the Notice of Appeal the Appellant announced that detailed arguments in support of the appeal would be submitted in due course. Oral proceedings were requested.

However, no separate Statement of Grounds was filed.

II. By a communication dated 15 July 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. Attention was also drawn to Article 108 EPC in conjunction with Rule 101(1) EPC. The Appellant was invited to file observations within two months.

III. No reply was received within this time-limit.

Reasons for the Decision

As no written Statement setting out the Grounds of Appeal has been filed and the Appellant having not reacted within the time-limit given in the communication issued by the Board, the appeal is inadmissible pursuant to Article 108 EPC in conjunction with Rules 99(2) and 101(1) EPC.

Since the appeal is inadmissible, none of the requests in the Notice of Appeal, including the request for oral proceedings, can be considered.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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