14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2016:T081713.20160811|
|Date of decision:||11 August 2016|
|Case number:||T 0817/13|
|IPC class:||B32B 5/16
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||CLEAR CONFORMABLE ORIENTED FILMS AND LABELS|
|Applicant name:||AVERY DENNISON CORPORATION|
|Opponent name:||Treofan Germany GmbH & Co. KG
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all designated states (yes)
Termination of appeal proceedings
Summary of Facts and Submissions
I. The present appeal was filed by the opponent (appellant) against the decision of the opposition division to reject the opposition against European patent No. 0 871 567.
II. With letter dated 4 May 2016, the proprietor (respondent) noted that the term of the patent had lapsed in January 2016.
III. With communication of 18 May 2016, the appellant was asked pursuant to Rule 84(1) in conjunction with Rule 100(1) EPC to inform the board within two months from notification of the communication whether it requested a continuation of the appeal proceedings.
IV. The appellant did not reply to the board's communication within the two-months time limit.
Reasons for the Decision
1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, proceedings are not continued after the European patent has lapsed in all the contracting states, unless there is a request to that end by the opponent/appellant filed within two months from notification of the lapse.
2. Since in the present case no such request was filed, the proceedings are terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.