| European Case Law Identifier: | ECLI:EP:BA:2019:T006117.20190305 | ||||||||
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| Date of decision: | 05 March 2019 | ||||||||
| Case number: | T 0061/17 | ||||||||
| Application number: | 06707732.1 | ||||||||
| IPC class: | B65D 43/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | EASY OPEN CONTAINER AND METHOD OF SEALING THEREOF | ||||||||
| Applicant name: | CROWN Packaging Technology, Inc. | ||||||||
| Opponent name: | Ardagh MP Group Netherlands B.V. | ||||||||
| Board: | 3.2.07 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Lapse of patent in all designated states - termination of appeal proceedings | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The opponent and sole appellant filed an appeal against the decision of the Opposition Division of the European Patent Office posted on 9 December 2016 rejecting the opposition filed against European patent No. 1 851 129 pursuant to Article 101(2) EPC.
II. With a communication dated 14 November 2018 the parties were informed by the Board that according to the information available to the European Patent Office the patent had lapsed in all the designated Contracting States.
In the communication the respondent (patent proprietor) was requested to inform the Board within two months from notification of the Board's communication if this information was incorrect.
No answer has been given to the communication.
Further, the appellant was informed that pursuant to Rule 84(1) in conjunction with Rule 100(1) EPC the appeal proceedings could be continued, if a corresponding request were filed within two months from notification of the Board's communication.
No such request was filed within this period.
Reasons for the Decision
Since in the present case no request for continuation of the appeal proceedings was filed, the proceedings can be terminated.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
