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T 1191/08 (High-throughput assay/PHARMACOPEIA) of 23.2.2009

European Case Law Identifier: ECLI:EP:BA:2009:T119108.20090223
Date of decision: 23 February 2009
Case number: T 1191/08
Application number: 98930081.9
IPC class: G01N 33/53
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.659K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: High-throughput assay
Applicant name: PHARMACOPEIA, INC.
Opponent name: Evotec Technologies GmbH
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. By an interlocutory decision of the opposition division announced at the end of the oral proceedings on 27 November 2007 and posted on 3 March 2008, the European patent No. 1 002 233 (European application No. 98 930 081.9) with the title "High-throughput assay" was maintained in amended form pursuant to Article 102(3) EPC 1973.

II. The opponent (appellant) filed on 13 May 2008 a notice of appeal. The appeal fee was paid on the same day. However, no statement of grounds of appeal was filed within the time limit specified in Article 108 EPC.

III. By a communication dated 18 August 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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