| European Case Law Identifier: | ECLI:EP:BA:2001:T014101.20010726 | ||||||||
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| Date of decision: | 26 July 2001 | ||||||||
| Case number: | T 0141/01 | ||||||||
| Application number: | 93110051.5 | ||||||||
| IPC class: | B32B 15/08 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Decomposable composite material | ||||||||
| Applicant name: | MITSUI CHEMICALS, INC. | ||||||||
| Opponent name: | Cargill Dow Polymers, L.L.C. | ||||||||
| Board: | 3.3.07 | ||||||||
| 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 posted on 6 December 2000 concerning maintenance of the European patent No. 0 576 993 in amended form.
The Appellant (Opponent) filed a notice of appeal on 5. February 2001 and paid the fee for appeal on the same date.
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 26 April 2001, sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was informed about the possibility of filing a request for re-establishment of rights under Article 122 EPC and was invited to file observations within two months.
III. No answer has been received within the given time limit to the Registry's communication.
IV. By letter dated 12 July 2001 the Appellant confirmed that the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal had not been filed.
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.
