| European Case Law Identifier: | ECLI:EP:BA:2000:T020000.20001122 | ||||||||
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| Date of decision: | 22 November 2000 | ||||||||
| Case number: | T 0200/00 | ||||||||
| Application number: | 91901512.3 | ||||||||
| IPC class: | A61F 13/15 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Disposable Sanitary Garments | ||||||||
| Applicant name: | THE PROCTER & GAMBLE COMPANY | ||||||||
| Opponent name: | Kimberly-Clark Worldwide, Inc. SCA MOLNLYCKE AB Cargill Dow Polymers. L.L.C. |
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| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing Statement of Grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. In its decision dated 5 January 2000 the Opposition Division revoked the European patent No. 0 506 775.
With facsimile from 18 February 2000 the Appellant (Patentee) filed a Notice of Appeal against this decision and paid the appeal fee on the same date. The Appellant requested that the decision under appeal be set aside and that the patent be maintained as granted.
The 4 months period for filing a written statement setting out the grounds of appeal pursuant to Article 108 EPC ended on 15 May 2000. No Statement of Grounds arrived at the EPO by then.
II. By a communication dated 25 August 2000 and sent by registered letter, the Registry of the Board informed the Appellant that no Statement of Grounds had been filed and that the appeal would be rejected as inadmissible. The Appellant was invited to file observations within two months.
III. No response to said communication was received by the EPO.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed and the Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds pursuant to Article 108 EPC the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65[1] EPC).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
