T 0495/13 () of 13.1.2014

European Case Law Identifier: ECLI:EP:BA:2014:T049513.20140113
Date of decision: 13 January 2014
Case number: T 0495/13
Application number: 06116316.8
IPC class: B65D 75/58
B31B 1/90
B31B 19/90
B31B 37/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 205.662K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for making packages for hygiene articles
Applicant name: The Procter & Gamble Company
Opponent name: SCA Hygiene Products AB
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 Sent 3
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dated 5 February 2013 concerning maintenance of the European patent No. 1 873 082 in amended form.

The appellant (patent proprietor) filed a notice of appeal on 26 February 2013 and paid the appeal fee on the same day.

No statement of grounds of appeal was filed.

II. By communication dated 11 July 2013 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds of appeal 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 of notification of said communication.

III. No answer has been given to the communication.

Reasons for the Decision

1. The notice of appeal filed on 26 February 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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