T 0013/07 () of 16.10.2007

European Case Law Identifier: ECLI:EP:BA:2007:T001307.20071016
Date of decision: 16 October 2007
Case number: T 0013/07
Application number: 98934339.7
IPC class: G01N 21/39
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.888K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and apparatus for off-gas composition sensing
Applicant name: American Iron Steel Institute
Opponent name: L'AIR LIQUIDE, SOCIÉTÉ ANONYME POUR L'ÉTUDE ET L'EXPLOITATION DES PROCÉDÉS GEORGES CLAUDE
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: -
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appellant contests the decision of the opposition division of the European Patent Office dated 23 October 2006 rejecting the opposition against European patent No. 1031024.

The appellant filed a notice of appeal on 22 December 2006 and paid the appeal fee on the same day.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for the Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 5 April 2007, the Board informed the parties that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

III. The appellant filed no observations in response to said communication.

Reasons for Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in the Article 108 EPC, the appeal is inadmissible pursuant to Rule 65(1) EPC.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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