|European Case Law Identifier:||ECLI:EP:BA:2006:T062105.20060316|
|Date of decision:||16 March 2006|
|Case number:||T 0621/05|
|IPC class:||C07C 249/08|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Process for the preparation of methoxyminophenylglyoxylic acid derivatives|
|Applicant name:||Bayer CropScience AG|
|Opponent name:||BASF Aktiengesellschaft|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. In its decision dated 1 March 2005 the Opposition Division maintained the European patent No. 0 874 807 in amended form.
II. The Proprietor, Bayer CropScience AG, filed a notice of appeal on 10 May 2005 against the decision of the Opposition Division and paid the appeal fee on the same day. No statement of grounds was filed within the prescribed period in accordance with Article 108 EPC.
III. By a communication dated 17 August 2005 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.
IV. No reply from the Appellant was received within this time-limit.
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.