| European Case Law Identifier: | ECLI:EP:BA:2018:T263417.20180626 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 26 June 2018 | ||||||||
| Case number: | T 2634/17 | ||||||||
| Application number: | 06116276.4 | ||||||||
| IPC class: | B65D 33/04 B65D 33/00 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Package comprising holistic coding system | ||||||||
| Applicant name: | THE PROCTER & GAMBLE COMPANY | ||||||||
| Opponent name: | Henkel AG & Co. KGaA | ||||||||
| Board: | 3.2.07 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Admissibility of appeal - missing statement of grounds | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. The appeal contests the decision of the Opposition
Division of the European Patent Office posted on
4 October 2017 revoking the European patent No. 1 873 071 pursuant to Article 101(2) EPC.
The appellant (patent proprietor) filed a notice of appeal on 4 December 2017 and paid the fee for appeal on the same day.
No statement of grounds was filed.
II. By a communication dated 26 February 2018 sent by
registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds had been filed and that its appeal could be expected to be rejected as inadmissible.
The appellant was invited to file observations within two months.
III. No answer has been given to the registry's
communication.
Reasons for the Decision
1. The notice of appeal filed on 4 December 2017 contains
nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
2. As no written statement setting out the grounds of
appeal has been filed, the appeal has to be rejected as inadmissible pursuant to Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC.
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.
