T 0915/07 () of 28.5.2008

European Case Law Identifier: ECLI:EP:BA:2008:T091507.20080528
Date of decision: 28 May 2008
Case number: T 0915/07
Application number: 01914751.1
IPC class: B01J 19/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 15.682K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Parallel flow process optimization reactor
Applicant name: Symyx Technologies, Inc.
Opponent name: Evonik Degussa GmbH
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted 05 April 2007, rejecting the opposition pursuant to Article 102 (2) EPC 1973.

II. The Appellant (Opponent) filed a notice of appeal on 23 May 2007 and paid the fee for appeal on the same day.

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

The notice of appeal does not contain anything that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC 1973.

No further submissions were filed by the Appellant.

IV. In a communication dated 16 October 2007 sent by registered letter with advice of delivery, 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 pursuant to Article 108 EPC 1973 in conjunction with Rule 65(1) EPC 1973.

V. The Appellant was invited to file observations within two months from notification of the communication and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC 1973.

VI. No answer has been given within the given time limit to the Board's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed and as the notice of appeal does not contain anything that could be regarded as a statement setting out the 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).

ORDER

For these reasons, it is decided that:

The appeal is rejected as inadmissible.

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