T 0802/08 () of 1.10.2008

European Case Law Identifier: ECLI:EP:BA:2008:T080208.20081001
Date of decision: 01 October 2008
Case number: T 0802/08
Application number: 99107413.9
IPC class: C12N 9/88
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.258K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: DNA sequences encoding enzymes involved in production of isoprenoids
Applicant name: DSM IP Assets B.V.
Opponent name: -
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The applicant (appellant) filed on 18 January 2008 a notice of appeal against the decision of the examining division dated 8 November 2007, whereby the European patent application No. 99 107 413.9 (published as EP 0 955 363) entitled "DNA sequences encoding enzymes involved in production of isoprenoids" was refused pursuant to Article 97(1) EPC 1973. The appeal fee was paid on the same day. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. By a communication dated 2 June 2008 sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal had been filed and that, therefore, it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was invited to file observations within two months. The appellant did not reply to said communication, and no request for re-establishment of rights was filed.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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