T 1812/07 () of 26.6.2008

European Case Law Identifier: ECLI:EP:BA:2008:T181207.20080626
Date of decision: 26 June 2008
Case number: T 1812/07
Application number: 98928848.5
IPC class: G06F 17/00
G06F 17/30
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 12.375K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Database structure and management
Applicant name: Sharp, Gary L.
Simon, Liane N.
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing statement of grounds of appeal
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appellants contest the decision of the examining division of the European Patent Office dated 11 May 2007 refusing European patent application No. 98928848.5.

The appellants filed a notice of appeal on 11 July 2007 and paid the appeal fee on the same day.

The notice of appeal contains an auxiliary request for oral proceedings.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC 1973. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 4 January 2008, the Board informed the appellants 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 appellants were informed that any observations should be filed within two months.

III. In a letter dated 8 January 2008 the appellants confirmed that no statement setting out the grounds of appeal had been filed. In the same letter the appellants withdrew the request for oral proceedings.

The appellants filed no further 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 1973, the appeal is inadmissible pursuant to Rule 65(1) EPC 1973.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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