T 1331/06 24-01-2007
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Appeal inadmissible
Missing Statement of Grounds
I. This case related to the decision of the Examining Division orally announced on 7 November 2005 and issued in writing on 16 December 2005 concerning the refusal of European patent application No. 99 926 303.1.
The applicant, Corus Staal B.V., filed a Notice of Appeal on 27 February 2006 and paid the appeal fee on the same day. In the Notice of Appeal oral proceedings were requested.
No statement setting out the grounds of appeal was filed.
II. By a communication dated 1 September 2006 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 the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months. Attention was also drawn to Article 122 EPC.
III. No reply was received within this time-limit.
As no written statement setting out the Grounds of Appeal has been filed and as the Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible according to Rule 65(1) EPC in conjunction with Article 108 EPC. Since the appeal is inadmissible, none of the requests in the Notice of Appeal, including the request for oral proceedings, can be considered.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.