T 1085/07 (Intracellular diseases/NOVARTIS) of 3.12.2007

European Case Law Identifier: ECLI:EP:BA:2007:T108507.20071203
Date of decision: 03 December 2007
Case number: T 1085/07
Application number: 97942519.6
IPC class: C12N 15/36
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.278K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Compositions and methods for treating intracellular diseases
Applicant name: Novartis Vaccines and Diagnostics, Inc., et al
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
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal lies from the decision of the examining division of the European Patent Office dated 12 January 2007 to refuse the European patent application No.97 942 519.6 pursuant to Article 97(1) EPC.

II. The appellant (applicant) filed a notice of appeal on 16 March 2007 and paid the appeal fee on the same day. However, no statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

III. By a communication dated 27 July 2007 sent by registered letter with advice of delivery, the Registry of the Board of Appeal informed the appellant that no statement of grounds had been received and that, therefore, it was expected that the appeal would be rejected as inadmissible. The appellant was invited to file observations within two months and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.

IV. Neither a response to said communication nor a request for re-establishment of rights was received. In response to an inquiry by telephone by the Registry of the Board, the representative of the appellant confirmed that no request under Article 122 EPC had been filed.

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 a statement of grounds of appeal pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC). Since the appeal is inadmissible, none of the requests in the notice of appeal can be considered.

ORDER

For these reasons, it is decided that:

The appeal is rejected as inadmissible.

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