| European Case Law Identifier: | ECLI:EP:BA:2007:T086306.20070316 | ||||||||
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| Date of decision: | 16 March 2007 | ||||||||
| Case number: | T 0863/06 | ||||||||
| Application number: | 98911302.2 | ||||||||
| IPC class: | B65D 81/32 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Discharge cap with releasable tablet basket | ||||||||
| Applicant name: | Coory, Fredrick Michael | ||||||||
| Opponent name: | BioGala AB | ||||||||
| Board: | 3.2.07 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. In its decision dated 10 April 2006 the Opposition Division rejected the opposition against the European patent No. 1 023 229.
II. The Opponent, BioGala AB, filed a notice of appeal on 8 June 2006 against the decision of the Opposition Division and paid the appeal fee on the same day. No statement of grounds was filed within the prescribed period in accordance with Article 108 EPC.
III. By a communication dated 22 September 2006 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.
IV. No reply from the Appellant was received within this time-limit.
Reasons for the Decision
As no written statement setting out the grounds of appeal has 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.
