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T 1899/07 (Notch pathway/GEHRING) of 13.5.2008

European Case Law Identifier: ECLI:EP:BA:2008:T189907.20080513
Date of decision: 13 May 2008
Case number: T 1899/07
Application number: 99933914.6
IPC class: C12N 5/06
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.229K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Manipulation of tissue or organ type using the notch pathway
Applicant name: Gehring, Walter, et al
Opponent name: -
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
European Patent Convention 1973 R 65(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The applicants (appellants) filed on 27 July 2007 a notice of appeal against the decision of the examining division dated 30 May 2007, whereby the European Patent application No. 99 933 914.6 (published as International application WO 01/03743) with the title "Manipulation of Tissue or Organ Type Using the Notch Pathway", was refused under Article 97(1) EPC 1973 (Article 97(2) EPC 2000) on the basis of the request (claims 1 to 46) filed at the oral proceedings held on 1 February 2007. The appeal fee was paid on 27 July 2007. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. In a consultation by telephone with the formality officer of the examining division on 16 November 2007, the appellants stated that no grounds of appeal will be filed.

III. By a communication dated 28 December 2007 sent by registered letter with advice of delivery, the Registry of the Board of Appeal informed again the appellants that no statement of grounds of appeal had been filed and that, therefore, the appeal had to be rejected as inadmissible. The appellants were invited to file observations within two months.

IV. The appellants did not reply to that communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC). Since the appeal is inadmissible, none of the requests in the notice of appeal, including the request for oral proceedings, can be considered.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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