14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2008:T189907.20080513|
|Date of decision:||13 May 2008|
|Case number:||T 1899/07|
|IPC class:||C12N 5/06|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Manipulation of tissue or organ type using the notch pathway|
|Applicant name:||Gehring, Walter, et al|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
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.