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T 2112/08 () of 18.6.2009

European Case Law Identifier: ECLI:EP:BA:2009:T211208.20090618
Date of decision: 18 June 2009
Case number: T 2112/08
Application number: 03775700.2
IPC class: G06F 17/30
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 12.546K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and device for storing content on a removable medium
Applicant name: Koninklijke Philips Electronics N.V.
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 101(1)
Keywords: Missing statement of grounds of appeal


Cited decisions:
Citing decisions:

Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 27 May 2008 refusing European patent application No. 03775700.2.

The appellant filed a notice of appeal on 10 July 2008 and paid the appeal fee on the same day.

The notice of appeal contains an auxiliary request for oral proceedings.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 3 December 2008, the Board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

III. With letter dated 4 December 2008, the appellant declared that he would withdraw the application on the condition that any fee was refunded. However, if no refund was possible, the application was not withdrawn.

IV. In a letter dated 10 March 2009 the appellant withdrew the request for oral proceedings.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.

No fee can be refunded.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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