T 1546/09 () of 11.1.2010

European Case Law Identifier: ECLI:EP:BA:2010:T154609.20100111
Date of decision: 11 January 2010
Case number: T 1546/09
Application number: 04818764.5
IPC class: C07D 491/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.946K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Manufacture of Vitamin B6
Applicant name: DSM IP Assets B.V.
Opponent name: -
Board: 3.3.01
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 contests the decision of the examining division of the European Patent Office dated 3 February 2009 refusing European patent application No. 04 818 764.5.

The appellant filed a notice of appeal on 20 March 2009 and paid the appeal fee the same day.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 4 August 2009, the Board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

III. The appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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