| European Case Law Identifier: | ECLI:EP:BA:2008:T093207.20080117 | ||||||||
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| Date of decision: | 17 January 2008 | ||||||||
| Case number: | T 0932/07 | ||||||||
| Application number: | 01904064.1 | ||||||||
| IPC class: | C07F 9/30 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Novel phosphorous compounds | ||||||||
| Applicant name: | Rhodia Consumer Specialities Limited | ||||||||
| Opponent name: | Clariant Verwaltungsgesellschaft mbH | ||||||||
| Board: | 3.3.01 | ||||||||
| 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 dispatched by registered letter with advice of delivery to the applicant on 3 April 2007, and concerning maintenance of the European patent No. 1254144 in amended form.
The Proprietor filed a Notice of Appeal by a letter received on 6 June 2007 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 24 September 2007, sent by registered post, the Registrar of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was informed about the possibility of filing a request for re-establishment of rights under Article 122 EPC and was invited to file observations within two months.
III. No answer has been given within the time limit to the Registry's communication.
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 101(1) EPC formerly Rule 65(1) EPC 1973).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
