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T 0178/04 () of 26.7.2004

European Case Law Identifier: ECLI:EP:BA:2004:T017804.20040726
Date of decision: 26 July 2004
Case number: T 0178/04
Application number: 97118713.3
IPC class: C08L 23/10
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51.457K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Olefin thermoplastic elastomer composition
Applicant name: Mitsui Chemicals, Inc.
Opponent name: -
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Examining Division of the European Patent Office posted 21 August 2003 refusing the European patent application No. 97 118 713.3.

The Appellant filed a Notice of Appeal by letter received on 21 October 2003 and paid the fee for appeal on the same date. No Statement of Grounds was filed. The Notice of Appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 24 February 2004 sent by registered letter with advice of delivery, the Registrar of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was given the opportunity of filing observations within two months and attention was drawn to Article 122 EPC.

III. No answer was given within the given time limit to the Registry's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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