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T 0542/07 () of 8.12.2008

European Case Law Identifier: ECLI:EP:BA:2008:T054207.20081208
Date of decision: 08 December 2008
Case number: T 0542/07
Application number: 97911696.9
IPC class: H05H 1/38
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.441K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Apparatus and method for improved assembly concentricity in a plasma arc torch
Applicant name: HYPERTHERM, INC.
Opponent name: L'AIR LIQUIDE, S.A.
Board: 3.4.01
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 appellant contests the interlocutory decision of the opposition division dated 30 January 2007 concerning maintenance of the European patent No. 0 934 684 in amended form.

II. The appellant filed a notice of appeal received on 29 March 2007 and paid the appeal fee on the same day.

III. No statement of grounds of appeal was filed within the four-month time limit provided for in Article 108 EPC 1973.

IV. In a communication dated 17 July 2007 sent by registered letter with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that the appeal would be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

Reasons for the Decision

As no written statement of 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 of appeal according to Article 108 EPC 1973, the appeal has to be rejected as inadmissible (Article 108 EPC 1973 in conjunction with Rule 65(1) EPC 1973).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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