T 2548/12 (Inadmissibility of the appeal) of 26.7.2013

European Case Law Identifier: ECLI:EP:BA:2013:T254812.20130726
Date of decision: 26 July 2013
Case number: T 2548/12
Application number: 03076184.5
IPC class: A46D 1/00
A46B 13/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 206 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Brush and method for manufacturing such a brush
Applicant name: International Brush Company (IBC) B.V.
Opponent name: Jurenco Equipment B.V.
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007) Sent 3
European Patent Convention R 101(1)
Keywords: -


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the interlocutory decision of the Opposition Division posted on 13 November 2012, concerning the maintenance of European Patent No. 1 356 750 in amended form.

II. The appellant (opponent) filed a notice of appeal on 14 September 2012 and paid the appeal fee on the same day.

III. By communication of 17 April 2013, received by the appellant on 23 April 2013, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.

IV. No reply was received.

Reasons for the Decision

No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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