T 0997/14 () of 12.12.2014

European Case Law Identifier: ECLI:EP:BA:2014:T099714.20141212
Date of decision: 12 December 2014
Case number: T 0997/14
Application number: 08013059.4
IPC class: A61K 8/34
A61K 8/41
A61K 8/898
A61Q 5/06
A61Q 5/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 217 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Conditioning and colouring composition for hair
Applicant name: Kao Germany GmbH
Opponent name: Henkel AG & Co. KGaA
Board: 3.3.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
European Patent Convention R 126(2)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Opposition Division of 18 March 2014, posted on 7 April 2014.

II. The appellant filed a notice of appeal on 21 April 2014 and paid the appeal fee on the same day.

III. By communication of 10 September 2014, received by the appellant on 19 September 2014, the Registry of the Board informed the appellant that it appeared from the file that no written statement of grounds of appeal had 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

The decision under appeal is deemed to have been notified to the appellant on 17 April 2014 in accordance with Rule 126(2) EPC. The time limit for filing a written statement setting out the grounds of appeal expired on 17 August 2014 in accordance with Article 108, third sentence, EPC. No written statement setting out the grounds of appeal has been filed. In addition, neither the notice of appeal nor any other document filed by the appellant contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore the appeal must be rejected as inadmissible under Rule 101(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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