T 0670/07 () of 26.2.2008

European Case Law Identifier: ECLI:EP:BA:2008:T067007.20080226
Date of decision: 26 February 2008
Case number: T 0670/07
Application number: 98907518.9
IPC class: G06F 3/033
G09G 5/08
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 12.417K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Haptic accelerator for force feedback computer peripherals
Applicant name: Immersion Corporation
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 101(1)
Keywords: Missing statement of grounds of appeal
Catchwords:

-

Cited decisions:
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Citing decisions:
-

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 1 February 2007 refusing European patent application No. 98907518.9.

The appellant filed a notice of appeal on 6 April 2007 and paid the appeal fee on 5 April 2007.

In a faxed letter received on 11 April 2007, the appellant explained that the appeal was not desired anymore and requested that the appeal fee be refunded. With communication of 30 April 2007 the Board informed the appellant that a refund of the appeal fee was not possible.

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

II. In a communication dated 16 July 2007, the Board informed the appellant 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 the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC (former Rule 65(1) EPC 1973).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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