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T 1794/06 (Tumour marker/GENENTECH) of 15.5.2007

European Case Law Identifier: ECLI:EP:BA:2007:T179406.20070515
Date of decision: 15 May 2007
Case number: T 1794/06
Application number: 00983846.7
IPC class: C12N 15/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.948K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Secreted and transmembrane polypeptides and nucleic acids encoding same
Applicant name: Genentech Inc.
Opponent name: -
Board: 3.3.08
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 applicant (appellant) on 24 July 2006 filed a notice of appeal against the decision of the examining division dated 23 May 2006, whereby the European patent application No. 00 983 846.7 (published as WO 01/40466) entitled "Secreted and transmembrane polypeptides and nucleic acids encoding same" was refused pursuant to Article 97(1) EPC. The appeal fee was paid on the same day. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. Upon enquiry by the Registrar, the representative of the appellant by telefax of 4 May 2007 confirmed that no grounds of appeal had been filed in this case.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, and as the notice of appeal does not contain any statements that could be regarded as grounds of appeal pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC and Rule 65(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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