| European Case Law Identifier: | ECLI:EP:BA:2001:T066200.20010209 | ||||||||
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| Date of decision: | 09 February 2001 | ||||||||
| Case number: | T 0662/00 | ||||||||
| Application number: | 93922260.0 | ||||||||
| IPC class: | A61K 9/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Sustained release compositions for treating periodontal disease | ||||||||
| Applicant name: | THE PROCTER & GAMBLE COMPANY | ||||||||
| Opponent name: | Atrix Laboratories Inc. | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing Statement of Grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dispatched by registered letter with advice of delivery on 3 May 2000 concerning the maintenance of European patent application No. 0 664 696 in amended form. The opponent filed a notice of appeal by letter dated 30. June 2000, received on 3 July 2000, and paid the fee for appeal on 3 July 2000. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.
II. By a communication dated 6 November 2000 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.
III. The Appellant filed no observations in response to said communication.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, 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.
