T 1049/02 (Enzyme-containing granulate/KAO) of 11.4.2003

European Case Law Identifier: ECLI:EP:BA:2003:T104902.20030411
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
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Enzyme-containing granulated substance and preparation process thereof
Applicant name: Kao Corporation
Opponent name: Henkel KGaA
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
Keywords: Misssing statement of grounds (yes)
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

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appeal was filed on 8 October 2002 against the decision of the Opposition Division of 29 July 2002 by which the patent was revoked.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.

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