|European Case Law Identifier:||ECLI:EP:BA:2022:T244218.20220114|
|Date of decision:||14 January 2022|
|Case number:||T 2442/18|
|IPC class:||A23D 7/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||ENCAPSULATION OF FOOD INGREDIENTS|
|Applicant name:||Commonwealth Scientific and Industrial Research Organisation|
|Opponent name:||BASF SE|
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all designated states - continuation of appeal proceedings (no)|
Summary of Facts and Submissions
I. This decision concerns the appeals filed by the patent proprietor and the opponent against the interlocutory decision of the opposition division that European patent No. EP 1276387 as amended met the requirements of the EPC.
II. In a communication pursuant to Rule 84(1) EPC issued on 1 October 2021, 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 either party, provided that such request was filed within two months of notification of the communication.
III. Within the time limit set, no request for continuation of the proceedings was filed.
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, T 329/88, T 949/09 and T 480/13).
2. As in the present case neither party has requested a continuation of the appeal proceedings, the appeal proceedings are to be terminated.
For these reasons it is decided that:
The appeal proceedings are terminated.