| European Case Law Identifier: | ECLI:EP:BA:2018:T026018.20180711 | ||||||||
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| Date of decision: | 11 July 2018 | ||||||||
| Case number: | T 0260/18 | ||||||||
| Application number: | 13189419.8 | ||||||||
| IPC class: | A61M 1/00 F04B 33/00 F04B 37/10 F04B 49/08 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Manually-actuated reduced pressure pump having regulated pressure capabilities | ||||||||
| Applicant name: | KCI Licensing, Inc. | ||||||||
| Opponent name: | Smith and Nephew, Inc. | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Admissibility of appeal - missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal of the opponent is directed against the interlocutory decision of the Opposition Division posted on 10 November 2017 concerning maintenance of the European Patent No. 2 687 243 in amended form.
II. The appellant filed a notice of appeal on 8 January 2018 and paid the appeal fee on the same day.
III. By communication of 10 April 2018, received 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 setting out the grounds of appeal 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.
