T 1017/09 () of 1.10.2009

European Case Law Identifier: ECLI:EP:BA:2009:T101709.20091001
Date of decision: 01 October 2009
Case number: T 1017/09
Application number: 98301388.9
IPC class: G07B 17/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.302K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Security and authentication of postage indicia
Applicant name: NEOPOST LIMITED
Opponent name: -
Board: 3.5.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal lies from the decision of the examining division of the European Patent Office refusing European patent application No. 98301388.9. The decision was dispatched by registered letter with advice of delivery to the applicant on 25 November 2008.

The appellant filed a notice of appeal by a letter received on 4 February 2009. The payment of the appeal fee was recorded on the same day.

No separate statement of grounds was filed.

II. By a communication dated 18 May 2009 sent by registered letter with advice of delivery, the registry of the board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.

III. No answer has been given to the registry's communication within the time limit. However, by fax received on 1 July 2009, the appellant confirmed that he had received the communication of 18 May 2009.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal contains nothing that could be regarded as statement of grounds pursuant 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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