| European Case Law Identifier: | ECLI:EP:BA:2002:T056002.20021108 | ||||||||
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| Date of decision: | 08 November 2002 | ||||||||
| Case number: | T 0560/02 | ||||||||
| Application number: | 95926809.5 | ||||||||
| IPC class: | B32B 15/01 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | A bimetallic strip for a sliding bearing and process for producing said bimetallic strip | ||||||||
| Applicant name: | METAL LEVE S/A. INDUSTRIA E COMERCIO | ||||||||
| Opponent name: | DANA Corporation Federal-Mogul Wiesbaden GmbH |
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| 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 decision of the Opposition Division of the European Patent Office posted on 26. March 2002 revoking European patent No. 0 785 866 pursuant to Article 102(1) EPC.
The Appellant (Proprietor of the patent) filed a notice of appeal on 28 May 2002 and paid the fee for appeal on 31. May 2002.
No statement of ground 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 21 August 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 4 November 2002 the Appellant withdrew its 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.
