T 0165/09 () of 23.11.2009

European Case Law Identifier: ECLI:EP:BA:2009:T016509.20091123
Date of decision: 23 November 2009
Case number: T 0165/09
Application number: 02769002.3
IPC class: B65B 9/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: process for the production of water-soluble pouches as well as the pouches thus obtained
Opponent name: Henkel AG & Co. KGaA
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 11 December 2008 revoking the European patent No. 1 434 715 pursuant to Article 101(3)(b) EPC.

The appellant (patent proprietor) filed a notice of appeal on 16 January 2009 and paid the fee for appeal on 29 January 2009.

No statement of grounds was filed.

II. By a communication dated 2 June 2009 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 its appeal could be expected to be rejected as inadmissible.

The appellant was invited to file observations within two months.

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

Reasons for the Decision

1. The notice of appeal filed on 16 January 2009 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

2. As no written statement setting out the grounds of appeal has been filed, the appeal 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 is rejected as inadmissible.

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