T 0123/09 () of 15.5.2009

European Case Law Identifier: ECLI:EP:BA:2009:T012309.20090515
Date of decision: 15 May 2009
Case number: T 0123/09
Application number: 02729014.7
IPC class: G01R 33/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.982K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Remotely powered MR injector
Applicant name: LIEBEL-FLARSHEIM COMPANY
Opponent name: -
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - no
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division dated 20 June 2008 refusing European patent application No. 02 729 014.7.

II. The appellant filed a notice of appeal received on 20 August 2008 and paid the appeal fee on the same day.

III. No statement of grounds of appeal was filed within the four-month time limit provided for in Article 108 EPC.

IV. In a communication dated 16 February 2009 sent by registered post 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.

V. The appellant filed no observations in response to the communication.

Reasons for the Decision

As no written statement of 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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