European Case Law Identifier: | ECLI:EP:BA:2003:T104902.20030411 | ||||||||
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Date of decision: | 11 April 2003 | ||||||||
Case number: | T 1049/02 | ||||||||
Application number: | 96914435.1 | ||||||||
IPC class: | C11D 3/386 | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | D | ||||||||
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Title of application: | Enzyme-containing granulated substance and preparation process thereof | ||||||||
Applicant name: | Kao Corporation | ||||||||
Opponent name: | Henkel KGaA | ||||||||
Board: | 3.3.06 | ||||||||
Headnote: | - | ||||||||
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Keywords: | Misssing statement of grounds (yes) | ||||||||
Catchwords: |
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Summary of Facts and Submissions
An appeal was filed on 8 October 2002 against the decision of the Opposition Division of 29 July 2002 by which the patent was revoked. The appeal fee was paid on the same day.
The Appellant (Patent Proprietor) was invited with a communication pursuant to Article 108 and Rule 65(1) EPC of 6. February 2003 to file any observations on the finding that, since no written statement of grounds of appeal had been filed, it could be expected that the appeal would be rejected as inadmissible.
In reply to this communication, the Appellant stated in a letter dated 24 March 2003 that it had no observations and that it withdrew the request for oral proceedings.
Reasons for the Decision
The time period for filing the written statement of grounds of appeal expired on 8 December 2002. Since no grounds of appeal had been filed on or before that date and the notice of appeal does not contain any matter that could be considered as grounds of appeal, the appeal must be rejected as inadmissible under Article 108 EPC.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.