| European Case Law Identifier: | ECLI:EP:BA:2007:T112906.20070327 | ||||||||
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| Date of decision: | 27 March 2007 | ||||||||
| Case number: | T 1129/06 | ||||||||
| Application number: | 00906180.5 | ||||||||
| IPC class: | A61F 5/443 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | An ostomy applicance | ||||||||
| Applicant name: | COLOPLAST A/S | ||||||||
| Opponent name: | Hollister Incorporated | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | - | ||||||||
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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 10 May 2006 concerning the maintenance in amended form of European patent No. 1 164 983, granted in respect of European patent application No. 00 906 180.5.
II. The appellant (opponent) filed a notice of appeal on 20 July 2006 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.
III. By a communication dated 27 October 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 and
attention was drawn to Rule 84a EPC(late receipt of documents) and to Article 122 EPC (re-establishment of rights).
IV. No answer to the registry's communication has been received.
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.
