T 0341/10 () of 27.9.2010

European Case Law Identifier: ECLI:EP:BA:2010:T034110.20100927
Date of decision: 27 September 2010
Case number: T 0341/10
Application number: 00117536.3
IPC class: A61F 13/47
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 17 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Compression-resistant sanitary napkin
Applicant name: JOHNSON & JOHNSON INC.
Opponent name: SCA Hygiene Products AB
The Procter & Gamble Company
Paul Hartmann AG
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101
Keywords: Inadmissibility of the appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This matter concerns an appeal against the interlocutory decision of the Opposition Division posted on 21 December 2009, concerning the maintenance of European patent Nº 1 077 053 in amended form.

II. The appellant (opponent 01) filed a notice of appeal on 19 February 2010 and paid the fee for appeal on the same date. 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, third sentence, and Rule 101(1) EPC.

III. By a communication dated 04 June 2010, sent by registered letter with advice of delivery and received on 08 June 2010, 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 invited to file observations within two months.

IV. No response was made 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, 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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