T 0449/09 () of 29.9.2009

European Case Law Identifier: ECLI:EP:BA:2009:T044909.20090929
Date of decision: 29 September 2009
Case number: T 0449/09
Application number: 03002561.3
IPC class: A23C 9/154
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Versions: Unpublished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: Method for the stabilization of acidified milk beverages
Applicant name: INDOPCO, INC., et al
Opponent name: Friesland Brands B.V.
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: No Statement of Grounds filed - appeal rejected as inadmissible


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This case relates to the interlocutory decision of the Opposition Division dated 16 December 2008 concerning the maintenance of European Patent No. 1 334 663 in amended form.

The Appellant (Proprietor) filed a notice of appeal on 16 February 2009 and paid the appeal fee on the same day.

No statement of grounds was filed within the time-limit set by Art. 108 EPO.

II. By a communication dated 16 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 the appeal could be expected to be rejected as inadmissible. Attention was also drawn to Rule 101(1) EPO and to Art. 108 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 has not reacted within the time- limit given in the communication issued by the Registry, the appeal is inadmissible pursuant to Art. 108 EPO in conjunction with Rules 99(2) and 101(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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