Boards of Appeal symbol


Boards of Appeal

Contact us using an online form

Richard-Reitzner-Allee 8
85540 Haar

All contact information

Boards of Appeal and key decisions conference

14-15 November 2018
EPO Munich

Register now


T 0454/09 (Recombinant lactic acid/BIONEER) of 14.9.2009

European Case Law Identifier: ECLI:EP:BA:2009:T045409.20090914
Date of decision: 14 September 2009
Case number: T 0454/09
Application number: 94904150.3
IPC class: C12N 15/74
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.467K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Recombinant lactic acid bacterium containing an inserted promoter
Applicant name: Bioneer A/S, et al
Opponent name: Institut Pasteur
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

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.

Quick Navigation