T 0290/11 () of 11.2.2014

European Case Law Identifier: ECLI:EP:BA:2014:T029011.20140211
Date of decision: 11 February 2014
Case number: T 0290/11
Application number: 02075681.3
IPC class: B60R 19/18
B60R 21/34
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 206.424K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Protective structure for vehicles
Applicant name: Avelda S.r.l
Opponent name: Adler Plastic S.p.A.
Board: 3.2.01
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all desginated states - termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision posted

9 December 2010 according to which it was found

that, account being taken of amendments made by the

patent proprietor during the opposition proceedings, European patent No. 1 264 739 and the invention to which it relates meet the requirements of the EPC.

Against this decision an appeal was lodged by the Opponent on 8 February 2011 and the appeal fee was paid on the same day. The statement setting out the grounds of appeal was filed on 6 April 2011.

II. With letter dated 12 August 2013 the parties were

informed that the above mentioned European patent had

lapsed with effect for all the designated Contracting

States and that the appeal proceedings would be

terminated in accordance with the provisions of

Rule 84(1) EPC unless a request to continue the

proceedings was filed by the Opponent within two months.

III. The Appellant (Opponent) did not submit any request

that the appeal proceedings be continued.

Reasons for the Decision

Pursuant to Rule 84(1) EPC in conjunction with

Rule 100(1) EPC the appeal proceedings are continued

after lapse of the patent in all the designated

Contracting States at the request of the Opponent filed

within two months from the communication of the

European Patent Office informing him of the lapse.

As the Appellant did not file any request of

continuation of the proceedings the appeal proceedings

are thereby terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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