| European Case Law Identifier: | ECLI:EP:BA:2006:T055905.20060125 | ||||||||
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| Date of decision: | 25 January 2006 | ||||||||
| Case number: | T 0559/05 | ||||||||
| Application number: | 94119080.3 | ||||||||
| IPC class: | C08B 37/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Pectin process and composition | ||||||||
| Applicant name: | CP Kelco APS | ||||||||
| Opponent name: | DANISCO A/S | ||||||||
| Board: | 3.3.03 | ||||||||
| 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 dated 20 January 2005 and posted 2 March 2005, revoking the European patent No. 664 300. The Appellant filed a notice of appeal by a letter received 4 May 2005 and paid the fee for appeal on the same day. 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.
II. By a communication dated 5 August 2005 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 invited to file observations within two months and attention was drawn to Article 122 EPC.
III. No answer to the Registry's communication has been received.
Reasons for the Decision
As a written statement setting out the grounds of appeal has not 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.
