T 1160/10 () of 3.9.2010

European Case Law Identifier: ECLI:EP:BA:2010:T116010.20100903
Date of decision: 03 September 2010
Case number: T 1160/10
Application number: 03766996.7
IPC class: A61K 7/32
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Versions: Unpublished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: Clear personal care compositions containing visible capsules
Applicant name: The Gillette Company
Opponent name: -
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 Examining Division of the European Patent Office dated 6 October 2009 refusing European patent application No. 1524959. The decision was dispatched by registered letter with advice of delivery on 27 October 2009. The applicant filed a notice of appeal by letter received on 1 December 2009 and paid the fee for appeal on 1 December 2009. 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 4 June 2010 and 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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