T 0795/08 () of 13.8.2008

European Case Law Identifier: ECLI:EP:BA:2008:T079508.20080813
Date of decision: 13 August 2008
Case number: T 0795/08
Application number: 01978756.3
IPC class: G01R 33/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.118K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Magnetic resonance imaging device
Applicant name: Topspin Medical (Israel) Limited
Opponent name: -
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 1 October 2007 refusing European patent application No. 01978756.3.

The appellant filed a notice of appeal on 30 November 2007 and paid the appeal fee on the same day.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement, merely indicating that the arguments on which the appeal was based would be filed within the next two months.

II. In a communication dated 24 April 2008, the Board informed the appellant 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 appellant was informed that any observations should be filed within two months.

III. The appellant filed no observations in response to said communication and confirmed, in a phone call held on 13 August 2008 that no written statement of grounds had been filed.

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, the appeal is inadmissible pursuant to Rule 101(1)EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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