T 0230/13 () of 31.10.2013

European Case Law Identifier: ECLI:EP:BA:2013:T023013.20131031
Date of decision: 31 October 2013
Case number: T 0230/13
Application number: 05702439.0
IPC class: B65D 17/32
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 91 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Can end with tab retained by chemical adhesive member
Applicant name: Rexam Beverage Can Europe Limited
Opponent name: Ball Packaging Europe GmbH
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 108 Sent 3
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 interlocutory decision of the Opposition Division dated 28 November 2012 concerning maintenance of European Patent No. 1 846 301 in amended form.

The appellant (patent proprietor) filed a notice of appeal on 28 January 2013 and paid the fee for appeal on the same day.

No statement of grounds was filed.

II. By a communication dated 14 May 2013 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds had been filed and that its appeal could be expected to be rejected as inadmissible.

The appellant was invited to file observations within two months.

III. No answer has been given to the registry's communication.

Reasons for the Decision

1. The notice of appeal filed on 28 January 2013 contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

2. As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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