| European Case Law Identifier: | ECLI:EP:BA:2018:T048213.20181112 | ||||||||
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| Date of decision: | 12 November 2018 | ||||||||
| Case number: | T 0482/13 | ||||||||
| Application number: | 00913417.2 | ||||||||
| IPC class: | A61K 38/22 C12N 5/071 G01N 33/50 A61P 3/06 A61P 3/08 A61P 5/48 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Peptide YY (PYY) for treating glucose metabolic disorders | ||||||||
| Applicant name: | Curis, Inc. | ||||||||
| Opponent name: | Glaxo Group Limited | ||||||||
| Board: | 3.3.04 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states - termination of appeal proceedings | ||||||||
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Summary of Facts and Submissions
I. The present appeal was lodged by the opponent (hereinafter "appellant") against the interlocutory decision of the opposition division concerning maintenance of European patent No. 1 189 629 in amended form. The patent had been granted on European patent application 00 913 417.2 which was filed as international application PCT/US00/03391 and published as WO 00/47219. The patent proprietor is the respondent in these appeal proceedings.
II. In a communication of the board pursuant to Rule 84(1) and Rule 100(1) EPC dated 25 June 2018 the parties were informed that it was apparent from the entries in the European Patent Register, that the patent had lapsed with effect for all the designated Contracting States in the course of the appeal proceedings. The appellant was invited to indicate, within two months, whether continuation of the appeal proceedings was requested. The appeal proceedings would be discontinued if no request for continuation of the proceedings was filed in due time. The respondent was given the opportunity to file comments within the same time limit.
III. With a letter dated 16 July 2018, the appellant informed the board that it did not wish to request a continuation of the appeal proceedings. The respondent filed no comments within the time limit set.
Reasons for the Decision
1. Rule 84(1) EPC provides that "if the European patent has been surrendered in all the designated Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office informing him of the surrender or lapse."
2. Pursuant to Rule 100(1) EPC and in the absence of provisions stating otherwise, Rule 84(1) EPC applies to opposition appeal proceedings, i.e. the appeal proceedings may be continued at the request of the appellant-opponent filed within two months as from notification of the surrender or lapse.
3. In the present case, in response to the communication pursuant to Rule 100(1) and Rule 84(1) EPC, the appellant-opponent indicated that it did not wish to request a continuation of the appeal proceedings. As the board sees no reason to continue the appeal proceedings of its own motion, the appeal proceedings can be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
