Key points
- The OD decided to maintain the patent in amended form. The opponent appeals. The proprietor does not reply to the communication setting the time limit for filing a reply to the Statement of grounds (with a registered letter).
- No acknowledgement of receipt is visible either, but I understand that those are no longer used. I understand the EPO has some internal information about the delivery of registered letters by the postal service provider (or can obtain such information) but that information is never visible in the public online file.
- If the proprietor disputes the receipt or delivery of the letter, a petition for review could be successful (see R 7/09).
- The Board revokes the patent without holding oral proceedings and without advance notice.
- The Board does examine the opponent's argument on the merits and agrees with them.
- No petition for review was filed.
EPO
The link to the decision can be found after the jump.
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