| European Case Law Identifier: | ECLI:EP:BA:2003:T025903.20030618 | ||||||||
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| Date of decision: | 18 June 2003 | ||||||||
| Case number: | T 0259/03 | ||||||||
| Application number: | 94905418.3 | ||||||||
| IPC class: | A61F 13/15 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Tampon | ||||||||
| Applicant name: | TAMBRANDS, INC. | ||||||||
| Opponent name: | Kimberly-Clark Corporation NcNeil-PPC, Inc. |
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| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal is from the interlocutory decision of the Opposition Division posted on 27 December 2002 concerning the maintenance in amended form of European patent No. 0 735 848, granted in respect of European patent application No. 94 905 418.3.
II. The appellant (patent proprietor) filed a notice of appeal on 25 February 2003. The payment of the appeal fee was recorded on 26 February 2003. No statement of grounds was filed. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
III. By a letter dated 6 May 2003 the patent proprietor informed the Board that it did not intend to pursue the appeal and that no statement of grounds would be filed.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed and as the appellant does not intend to pursue its appeal as put down in its letter dated 6 May 2003, without expressly withdrawing its appeal, the appeal has to be rejected as inadmissible according to Article 108 EPC last sentence in conjunction with Rule 65(1) EPC.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
