| European Case Law Identifier: | ECLI:EP:BA:2002:T109501.20020425 | ||||||||
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| Date of decision: | 25 April 2002 | ||||||||
| Case number: | T 1095/01 | ||||||||
| Application number: | 91121370.0 | ||||||||
| IPC class: | D04H 1/42 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
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| Title of application: | Nonwoven web and product made from same | ||||||||
| Applicant name: | KIMBERLY-CLARK WOLRDWIDE, INC. | ||||||||
| Opponent name: | McNeil-PPC, Inc. | ||||||||
| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Missing statement of grounds (yes) | ||||||||
| 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 on 31. July 2001 revoking European patent No. 0 493 728 pursuant to Article 102(1) EPC.
The Appellant (Proprietor of the patent) filed a notice of appeal on 28 September 2001 and paid the fee for appeal on the same day.
No statement of grounds was filed.
II. By a communication dated 5 February 2002 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 22 April 2002 the Appellant withdrew its auxiliary request for oral proceedings made with the notice of appeal.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, and the notice of appeal contains nothing that can 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.
