T 0521/11 (Isoflavones/Unilever) of 13.12.2011

European Case Law Identifier: ECLI:EP:BA:2011:T052111.20111213
Date of decision: 13 December 2011
Case number: T 0521/11
Application number: 01202796.7
IPC class: A61K 36/81
A61K 36/48
A61K 31/352
A61K 8/49
A61K 8/97
A23L 1/29
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.367K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Blends of isoflavones and flavones
Applicant name: Unilever N.V. Unilever PLC
Opponent name: Henkel AG & Co. KGaA
Board: 3.3.04
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 is against the decision of the Opposition Division of the European Patent Office dated 28 December 2010 revoking European patent No. 1 180 331.

II. The appellants (patent proprietors) filed a notice of appeal on 25 February 2011 and paid the fee for appeal on the same day.

III. No statement of grounds was filed by the appellants. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

IV. By communication dated 1 July 2011, sent by registered letter with advice of delivery, the Registry of the board informed the appellants that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellants were invited to file observations within two months.

V. No observations were filed by the appellants within two months.

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 (Rule 101(1) EPC in conjunction with Article 108 EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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