| European Case Law Identifier: | ECLI:EP:BA:2018:T074717.20180111 | ||||||||
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| Date of decision: | 11 January 2018 | ||||||||
| Case number: | T 0747/17 | ||||||||
| Application number: | 07808524.8 | ||||||||
| IPC class: | A61F 13/00 A61M 1/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | WOUND-STIMULATING UNIT | ||||||||
| Applicant name: | KCI Medical Resources | ||||||||
| Opponent name: | Smith and Nephew, Inc. | ||||||||
| Board: | 3.2.06 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Admissibility of appeal Statement of grounds of appeal |
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| Catchwords: |
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Summary of Facts and Submissions
I. The appeal of the opponent is directed against the decision of the opposition division posted on 17 January 2017.
II. The appellant (opponent) filed a notice of appeal on 27 March 2017 and paid the appeal fee on the same day.
III. By communication of 21 September 2017, receipt of which was confirmed by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal 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 was informed that any observations had to be filed within two months of notification of the communication.
IV. No reply was received.
Reasons for the Decision
No written statement setting out the grounds of appeal was filed 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 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 is rejected as inadmissible.
