T 0335/17 (Oil/fat powder/KAO) of 9.2.2021

European Case Law Identifier: ECLI:EP:BA:2021:T033517.20210209
Date of decision: 09 February 2021
Case number: T 0335/17
Application number: 03705223.0
IPC class: A23D7/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 241 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: OIL/FAT POWDER
Applicant name: KAO CORPORATION
Opponent name: BASF SE
Board: 3.3.09
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1) (2007)
European Patent Convention R 100(1) (2007)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings


Cited decisions:
T 0329/88
T 0949/09
T 0480/13
Citing decisions:

Summary of Facts and Submissions

I. The present appeal was filed by the opponent (appellant) against the opposition division's decision rejecting the opposition against European patent EP 1 476 022.

II. In a communication pursuant to Rule 84(1) EPC issued on 24 November 2020, the parties were informed that the patent had lapsed for all designated Contracting States and that the appeal proceedings might be continued at the request of the appellant, provided that a request to this effect was filed within two months of notification of the communication.

III. No request regarding continuation of the proceedings was filed within the time limit set.

Reasons for the Decision

1. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, appeal proceedings may be continued after the European patent has lapsed, if the appellant files a request to this effect within two months of a communication informing it of the lapse (see, inter alia, decisions T 329/88 of 22 June 1993; T 949/09 of 17 October 2012; and T 480/13 of 5 November 2014).

2. As in the present case the appellant has not requested a continuation of the appeal proceedings and since the board does not see any reason to continue the proceedings of its own motion, the appeal proceedings are to be terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

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