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T 0334/09 () of 1.2.2010

European Case Law Identifier: ECLI:EP:BA:2010:T033409.20100201
Date of decision: 01 February 2010
Case number: T 0334/09
Application number: 03007327.4
IPC class: B62D 5/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.299K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Back-drivable steer-by-wire system with positive scrub radius
Applicant name: Bayerische Motoren Werke Aktiengesellschaft, et al
Opponent name: -
Board: 3.2.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal (no)


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division of the European Patent Office, posted 19 August 2008, refusing the European patent application No. 03 007 327.4.

The Appellant filed a notice of appeal on 6 September 2008 requesting that a patent be granted and making an auxiliary request for oral proceedings. The fee for appeal was paid on the same day.

II. By a communication dated 20 February 2009, sent by registered post with advice of delivery, the registry of the Board informed the Appellant that it appeared that no written statement of grounds of appeal had been filed and that it was to be expected that the appeal would be rejected as inadmissible. The Appellant was invited to file observations within two months. On 26 March 2009 the Appellant confirmed the receipt of this communication with a facsimile.

III. No observations were received in response to said communication.

Reasons for the Decision

No written statement setting out the grounds of appeal has been filed within the time limit provided for in Article 108 EPC. Furthermore, the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC. The appeal therefore has to be rejected as inadmissible (Rule 101 (1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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