T 2009/09 (Compositions for dialysis/ADVANCED RENAL TECHNOLOGIES) of 9.6.2010

European Case Law Identifier: ECLI:EP:BA:2010:T200909.20100609
Date of decision: 09 June 2010
Case number: T 2009/09
Application number: 99970600.5
IPC class: A61K 33/14
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.746K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Buffered compositions for dialysis
Applicant name: Advanced Renal Technologies
Opponent name: Fresenius Medical Care Deutschland GmbH
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
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 dispatched by registered letter with advice of delivery on 12 August 2009, and concerning maintenance of the European patent No. 1124567 in amended form.

The Appellant (Opponent II) filed a Notice of Appeal by a letter received on 5 October 2009 and paid the fee for appeal on the same day. No Statement of Grounds was filed. The Notice of Appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 26 January 2010, sent by registered post, the Registrar of the Board informed the Appellant that no Statement of Grounds has been filed and that the 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 within the given time limit to the Registry┬┤s communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC (formerly Rule 65(1) EPC 1973)).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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