T 0088/08 () of 5.12.2008

European Case Law Identifier: ECLI:EP:BA:2008:T008808.20081205
Date of decision: 05 December 2008
Case number: T 0088/08
Application number: 01270520.8
IPC class: C07C 213/10
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.469K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for preparing isomers of salbutamol
Applicant name: CIPLA LIMITED
Opponent name: NORTON HEALTHCARE LTD
Board: 3.3.10
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(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 Opposition Division of the European Patent Office rejecting the opposition against European patent No. 1 349 828 pursuant to Article 102(2) EPC 1973. The decision was dispatched by registered letter with advice of delivery on 6 November 2007.

The appellant (opponent) filed a notice of appeal by a letter received on 9 January 2008. The payment of the appeal fee was recorded on the same day.

No separate statement of grounds was filed.

II. By a communication dated 16 April 2008 sent by registered letter with advice of delivery, the registry of the board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.

III. No answer has been given to the registry's communication within the time limit.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed within the time limit provided for in Article 108 EPC and as the notice of appeal contains nothing that could be regarded as statement of grounds pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible pursuant to Rule 101(1) EPC.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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