| European Case Law Identifier: | ECLI:EP:BA:2018:T170614.20180109 | ||||||||
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| Date of decision: | 09 January 2018 | ||||||||
| Case number: | T 1706/14 | ||||||||
| Application number: | 07873324.3 | ||||||||
| IPC class: | D21H 27/30 D21H 27/40 B31F 1/07 B32B 29/00 D21H 27/02 B32B 3/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | MULTI-PLY TISSUE PAPER PRODUCT, PAPER CONVERTING DEVICE FOR A MULTI-PLY TISSUE PAPER PRODUCT AND METHOD FOR PRODUCING A MULTI-PLY TISSUE PAPER PRODUCT | ||||||||
| Applicant name: | SCA Hygiene Products GmbH | ||||||||
| Opponent name: | Kimberly-Clark Worldwide, Inc. | ||||||||
| Board: | 3.3.06 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states - (yes) Lapse of patent in all designated states - termination of appeal proceedings |
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| Catchwords: |
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Summary of Facts and Submissions
I. The Opponent (Appellant) lodged an appeal against the interlocutory decision of the Opposition Division concerning maintenance of European Patent No. 2 044 264 in amended form.
II. By a communication dated 15 September 2017, the parties were informed by the Registrar of the Board
- that, as apparent from the European Patent Register, the patent in suit had been surrendered or had lapsed with effect for all the designated Contracting States,
- that pursuant to Rule 84(1) EPC, the appeal proceedings may be continued at the request of an appellant/opponent, provided that a request to this effect is filed within two months from notification of this communication, and
- that if no such request for continuation of the proceedings was filed in due time, it was to be expected that the appeal proceedings would be terminated without a decision on the merits.
III. The Appellant/Opponent did not reply to the Board's communication within the set time limit.
Reasons for the Decision
1. As apparent from the online European Patent Register the patent in suit has been surrendered or has lapsed in all the designated Contracting States.
2. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, the appeal proceedings are not continued in such a case, unless a request to this effect is filed by the Appellant/Opponent within two months from notification of the lapse of the patent in suit by the EPO.
3. Since no such request was filed by the Appellant/Opponent, the appeal proceedings are to be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
