|European Case Law Identifier:||ECLI:EP:BA:2021:T008820.20210218|
|Date of decision:||18 February 2021|
|Case number:||T 0088/20|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||USE OF A FOOD PRODUCT COMPRISING VISCOUS FIBRES WHICH HAS A BENEFICIAL EFFECT ON COGNITIVE PERFORMANCE.|
|Applicant name:||Orkla Foods Sverige AB
|Opponent name:||N.V. NUTRICIA|
|Relevant legal provisions:||
|Keywords:||Lapse of patent in all designated states - termination of appeal proceedings|
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 2 621 503.
II. In a communication pursuant to Rule 84(1) EPC issued on 1 December 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.