| European Case Law Identifier: | ECLI:EP:BA:2019:T138617.20190917 | ||||||||
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| Date of decision: | 17 September 2019 | ||||||||
| Case number: | T 1386/17 | ||||||||
| Application number: | 06776521.4 | ||||||||
| IPC class: | A61K 6/027 A61K 6/083 C03C 17/32 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | DENTAL COMPOSITIONS CONTAINING A SURFACE-MODIFIED FILLER | ||||||||
| Applicant name: | 3M Deutschland GmbH | ||||||||
| Opponent name: | Dentsply DeTrey GmbH S & C Polymer Silicon- und Composite-Spezialitäten GmbH |
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| Board: | 3.3.07 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Lapse of patent in all designated states - continuation of appeal proceedings (no) | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal was filed by the appellant (patent proprietor) against the interlocutory decision of the opposition division, in which it found that the patent in suit (hereinafter "the patent") in an amended form meets the requirements of the EPC.
II. In a communication pursuant to Rule 84(1) EPC dated 13 May 2019 the parties were informed that the patent had lapsed for all the designated Contracting States and that the appeal proceedings might be continued at the request of the appellant, provided that a request to this effect was filed within two months of notification of the communication.
III. The appellant did not request continuation of the proceedings.
Reasons for the Decision
1. It follows from Rule 84(1) EPC in conjunction with Rule 100(1) EPC that proceedings are not continued after the European patent has lapsed, unless the appellant files a request for their continuation within two months of being notified of the lapse by the European Patent Office.
2. Since no such request was filed by the appellant, the proceedings are to be terminated by a decision of the Board.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
