T 0346/10 () of 3.9.2010

European Case Law Identifier: ECLI:EP:BA:2010:T034610.20100903
Date of decision: 03 September 2010
Case number: T 0346/10
Application number: 97914869.9
IPC class: D06M 16/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Enzyme treatment to enhance wettability and absorbency of textiles
Applicant name: The Regents of The University of California
Opponent name: NOVOZYMES A/S
Board: 3.3.07
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 given at the oral proceedings on 20 November 2009, revoking the European patent No. 0885311.

The written decision was dispatched by registered letter with advice of delivery on 8 December 2009.

On 17 February 2010 the Appellant filed a notice of appeal and paid the appeal fee at the same time. 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 21 May 2010, sent by registered post, 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.

III. The Appellant filed no observations in response to said 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).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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