| European Case Law Identifier: | ECLI:EP:BA:2001:T067501.20011217 | ||||||||
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| Date of decision: | 17 December 2001 | ||||||||
| Case number: | T 0675/01 | ||||||||
| Application number: | 89305107.8 | ||||||||
| IPC class: | B32B 27/08 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Multi-layer packaging film and process | ||||||||
| Applicant name: | Cryovac, Inc. | ||||||||
| Opponent name: | Dixie-Union GmbH & Co. KG | ||||||||
| Board: | 3.3.07 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Missing Statement of Grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal contests the decision of the Opposition Division of the European Patent Office posted 4 April 2001 rejecting the opposition filed against European patent No. 0 343 877 pursuant to Article 102(2) EPC.
The opponent (appellant) filed a notice of appeal on 15. June 2001 and paid the fee for appeal on the same day.
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 27 August 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 given within the given time limit to the registry's communication.
IV. By letter dated 13 November 2001 the appellant withdrew the auxiliary request for oral proceedings.
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.
