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T 0349/10 () of 30.11.2010

European Case Law Identifier: ECLI:EP:BA:2010:T034910.20101130
Date of decision: 30 November 2010
Case number: T 0349/10
Application number: 02754058.2
IPC class: B62K 25/28
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.289K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Rear suspension system for two-wheeled vehicles, particularly bicycles
Applicant name: Rocky Mountain Bicycles, A Division of Procycle Group Inc.
Opponent name: -
Board: 3.2.01
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 is directed against the decision of the Examining division of the European Patent Office, posted 20 August 2009, refusing the European patent application No. 02 754 058.2.

The Appellant filed a notice of appeal on 20 October 2009. The fee for appeal was paid on the same day.

II. By a communication dated 5 March 2010, sent by registered post with advice of delivery, the registry of the Board informed the Appellant that it appeared that no written statement of grounds of appeal had been filed and that it was to be expected that the appeal would be rejected as inadmissible. The Appellant was invited to file observations within two months. The advice of delivery was received at the EPO on 25 March 2010.

III. No observations were received in response to said communication.

Reasons for the Decision

1. No written statement setting out the grounds of appeal has been filed. Furthermore, the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC. The appeal therefore has to be rejected as inadmissible (Rule 101 (1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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