T 1768/08 (Colorimetric method/NALCO) of 20.4.2009

European Case Law Identifier: ECLI:EP:BA:2009:T176808.20090420
Date of decision: 20 April 2009
Case number: T 1768/08
Application number: 00913538.5
IPC class: G01N 33/48
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.120K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Rapid colorimetric method for measuring polymers in aqueous systems
Applicant name: NALCO CHEMICAL COMPANY
Opponent name: -
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101
Keywords: Missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The applicant (appellant) filed on 13 May 2008 a notice of appeal against the decision of the examining division dated 13 March 2008, whereby the European patent application No. 00 913 538.5 was refused pursuant to Article 97(2) EPC. 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 27 October 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 but did not reply to said communication.

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).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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