T 0053/10 (Pharmaceutical composition comprising xanthan gum/Forte IQ) of 15.1.2014

European Case Law Identifier: ECLI:EP:BA:2014:T005310.20140115
Date of decision: 15 January 2014
Case number: T 0053/10
Application number: 01200507.0
IPC class: A61K 9/10
A61K 47/36
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 206.209K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Pharmaceutical composition comprising xanthan gum
Applicant name: Forte IQ B.V.
Opponent name: Cargill Inc.
Board: 3.3.07
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated Contracting States - Termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (opponent) lodged an appeal against the interlocutory decision of the opposition division of 10 November 2009 maintaining European patent EP 1 232 746 in amended form.

II. In a communication from the board dated 12 September 2013 the parties were informed that the European patent had lapsed for all designated Contracting States and that the appeal proceedings could be continued at the request of the opponent provided that such a request was filed within two months from the notification of the communication.

III. The opponent did not request continuation of the proceedings.

IV. Oral proceedings were held on 15 January 2014.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC, if the European patent has lapsed in all the designated Contracting States, the opposition proceedings may be continued if the opponent files a request to this effect within two months from the notification by the European Patent Office of the lapse. This provision applies to appeal proceedings by virtue of Rule 100(1) EPC.

2. As the appellant did not request the continuation of the proceedings, these are to be terminated.


For these reasons it is decided that:

The opposition and appeal proceedings are terminated.

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