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T 1127/09 (Viral vectors/VIRxSYS Corporation) of 25.11.2009

European Case Law Identifier: ECLI:EP:BA:2009:T112709.20091125
Date of decision: 25 November 2009
Case number: T 1127/09
Application number: 01966434.1
IPC class: C12N 15/87
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.086K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods for stable transduction of cells with viral vectors
Applicant name: VIRxSYS Corporation
Opponent name: -
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 applicant (appellant) filed on 25 February 2009 a notice of appeal against the decision of the examining division dated 15 December 2008, whereby the European patent application No. 01 966 434.1 (published as WO 02/18609) entitled "Methods for stable transduction of cells with viral vectors" was refused pursuant to Article 97(2) EPC. The appeal fee was paid on the same day. On 24 April 2009, the appellant advised the board that no statement of grounds of appeal would be filed. Indeed, no statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. By a communication dated 29 June 2009 sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal 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, EPC in conjunction with Rule 101(1) EPC. The appellant was invited to file observations within two months but did not reply to said communication.

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 any statements that could be regarded as a statement of grounds of appeal pursuant 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.

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