| European Case Law Identifier: | ECLI:EP:BA:2019:T244516.20191212 | ||||||||
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| Date of decision: | 12 December 2019 | ||||||||
| Case number: | T 2445/16 | ||||||||
| Application number: | 09176859.8 | ||||||||
| IPC class: | E21B 17/042 F16L 15/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Threaded joint sealed to [ultra high] internal and external pressures | ||||||||
| Applicant name: | Tenaris Connections B.V. | ||||||||
| Opponent name: | VALLOUREC OIL AND GAS FRANCE | ||||||||
| Board: | 3.2.08 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Admissibility of appeal - missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeals are directed against the decision of the Opposition Division of the European Patent Office posted on 6 September 2016 concerning maintenance of European Patent No. 2 325 435 in amended form.
II. The appellant (patent proprietor) filed a notice of appeal on 4 November 2016 and paid the fee for appeal on the same day.
III. The appellant (opponent) filed a notice of appeal on
4 November 2016 and paid the fee for appeal on the same day.
IV. By communication dated 1 February 2017, received by the appellant (patent proprietor) on 7 February 2017, the Registry of the Board informed the appellant (patent proprietor) that it appeared from the file that the written statement of grounds had not been filed and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant (patent proprietor) was informed that any observations had to be filed within two months of notification of the communication.
V. No reply to the Board's communication was received.
VI. The appellant (opponent), by letter dated 11 December 2019, withdrew its appeal.
Reasons for the Decision
1. No written statement setting out the grounds of appeal was filed by the patent proprietor within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed by the patent proprietor contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).
Order
For these reasons it is decided that:
The appeal of the patent proprietor is rejected as inadmissible.
