T 1223/08 () of 16.3.2009

European Case Law Identifier: ECLI:EP:BA:2009:T122308.20090316
Date of decision: 16 March 2009
Case number: T 1223/08
Application number: 02738090.6
IPC class: C08L 23/10
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 13 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Polypropylene resin composition
Applicant name: Basell Poliolefine Italia S.p.A.
Opponent name: Borealis Technology OY
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 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 23 April 2008 concerning maintenance of the European patent No. 1397432 in amended form.

The Appellant (Opponent) filed a Notice of Appeal by letter received on 23 June 2008 and paid the fee for appeal on the same date.

No Statement of Grounds was filed.

II. By a communication dated 9 October 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 given the opportunity of filing 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 the notice of appeal contains nothing that could be regarded as a 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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