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T 1230/08 (Beta-Amyloid Precursor/ELAN) of 11.5.2009

European Case Law Identifier: ECLI:EP:BA:2009:T123008.20090511
Date of decision: 11 May 2009
Case number: T 1230/08
Application number: 93907104.9
IPC class: G01N 33/53
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16.135K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods and compositions for monitoring cellular processing of beta-amyloid precursor protein
Applicant name: ELAN PHARMACEUTICALS, INC., et al
Opponent name: Glaxo Group Ltd.
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
European Patent Convention 1973 Art 102(2)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. On 26 June 2008, the Opponent (appellant) filed a notice of opposition against the decision of the Opposition Division dated 8 May 2008, whereby the opposition filed against European patent No. 0 638 172 (European application No. 93 907 104.9) with the title "Methods and Compositions for Monitoring Cellular Processing of Beta-Amyloid Precursor Protein" was rejected. The appeal fee was paid on the same day. No statement of grounds of appeal was filed within the prescribed period in accordance with Article 108 EPC.

II. By a communication dated 6 November 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 must 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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