14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2009:T045409.20090914|
|Date of decision:||14 September 2009|
|Case number:||T 0454/09|
|IPC class:||C12N 15/74|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Recombinant lactic acid bacterium containing an inserted promoter|
|Applicant name:||Bioneer A/S, et al|
|Opponent name:||Institut Pasteur|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dated 17 December 2008 concerning maintenance of European Patent No. 0 677 110 in amended form. The appellants (patentees) filed a notice of appeal on 17 February 2009 and paid the fee for appeal on the same day. No statement of grounds was filed by the appellants within the time limit specified in Article 108 EPC.
II. By a communication dated 22 June 2009 sent by registered letter with advice of delivery, the registry of the Board informed the appellants that no statement of grounds 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, and Rule 101(1) EPC. The appellants were invited to file observations within two months. They did not reply to said communication, and no request for re-establishment of rights was filed.
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).
For these reasons it is decided that:
The appeal is rejected as inadmissible.