T 0946/17 () of 9.10.2017

European Case Law Identifier: ECLI:EP:BA:2017:T094617.20171009
Date of decision: 09 October 2017
Case number: T 0946/17
Application number: 02794392.7
IPC class: A61F 13/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 220 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: VENTED VACUUM BANDAGE
Applicant name: KCI Medical Resources
Opponent name: Smith and Nephew, Inc.
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. By way of its interlocutory decision, the opposition division found that European Patent No. 1 478 313 as amended according to the Main Request met the requirements of the European Patent Convention (EPC).

II. The appellant (opponent) filed a notice of appeal on 10 April 2017 and paid the appeal fee on the same day.

III. By communication of 29 June 2017, received by the appellant on 3 July 2017, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not 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

1. No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC.

2. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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