| European Case Law Identifier: | ECLI:EP:BA:2003:T117802.20030630 | ||||||||
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| Date of decision: | 30 June 2003 | ||||||||
| Case number: | T 1178/02 | ||||||||
| Application number: | 94930480.2 | ||||||||
| IPC class: | D04B 21/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Light reflecting screen | ||||||||
| Applicant name: | Polysack Plastic Industries Nir Itzhak-Sufa | ||||||||
| Opponent name: | Plaspack Netze GmbH | ||||||||
| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing statement of grounds (yes) | ||||||||
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Summary of Facts and Submissions
I. In its decision dated 30 September 2002 the Opposition Division rejected the opposition in respect of the European patent 0 723 606.
With facsimile dated 29 November 2002 the Appellant (Opponent) filed a Notice of Appeal against this decision; it paid the appeal fee on 4 December 2002. The Appellant requested that the decision under appeal be set aside and that the patent be revoked.
The 4 months time limit for filing a written statement setting out the grounds of appeal pursuant to Article 108 EPC ended on 10 February 2003. No statement of grounds of appeal has been received by the EPO.
II. With a communication dated 17 March 2003 and sent by registered letter, the Registry of the Board informed the Appellant that no statement of grounds had been filed and that the appeal would be rejected as inadmissible. The Appellant was invited to file observations within two months.
III. No response to said communication was received by the EPO within the time limit set. In a telephone conversation of 26 June 2003 the representative of the Appellant informed the Registry of the Board that it no longer had an interest in the case.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed and the Notice of Appeal does not contain anything that could be regarded as a statement of grounds, 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.
