14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2009:T169708.20090407|
|Date of decision:||07 April 2009|
|Case number:||T 1697/08|
|IPC class:||H04N 7/52|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Method for communicating audiovisual programs over a communications network|
|Applicant name:||AT&T Corp.|
|Relevant legal provisions:||
|Keywords:||Form of appeal - missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is against the decision of the Examining Division dated 25 March 2008 to refuse European patent application No. 03 007 452.0.
II. The appellant filed a notice of appeal received on 30 May 2008 and paid the appeal fee on the same day. No statement of grounds of appeal was received.
III. In a communication dated 21 October 2008 notified by registered letter with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that it was to be expected that the appeal would be rejected as inadmissible. The appellant was informed that any observations should be filed within two months of notification of the communication.
IV. No observations were filed.
Reasons for the Decision
1. Article 108 EPC requires that a statement setting out the grounds of appeal shall be filed within four months of notification of the decision. Pursuant to Rule 101(1) EPC the appeal shall be rejected as inadmissible if it does not comply with Article 108 EPC.
2. In the present case no document was filed by the appellant which could be regarded as a statement setting out the grounds of appeal. Consequently the appeal has to be rejected as inadmissible.
For these reasons it is decided that:
The appeal is rejected as inadmissible.