14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2010:T113110.20100924|
|Date of decision:||24 September 2010|
|Case number:||T 1131/10|
|IPC class:||H01Q 1/24|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Active antenna capable of wireless signal transmission and reception and mobile communication terminal having the same|
|Applicant name:||Samsung Electronics Co., Ltd, et al|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appellant (applicant) lodged an appeal, received on 19 February 2010, against the decision of the examining division, dispatched on 9 December 2009, refusing the European patent application No. 07115433.0 (publication No. 1 914 829). The appeal fee was paid on 19 February 2010.
II. A statement setting out the grounds of appeal was not filed within the time limit of four months prescribed by Article 108 EPC.
III. By a communication dated 1 June 2010, the Registrar of the Board informed the appellant that the written statement of grounds of appeal had not been filed and, therefore, it was to be expected that the appeal be rejected as inadmissible (Article 108 EPC and Rule 101(1) EPC). The appellant was invited to file observations within two months from notification of the communication.
IV. The appellant filed no observations in response to the communication.
Reasons for the Decision
1. Article 108 EPC requires that a statement setting out the grounds of appeal shall be filed within four months of notification of the decision under appeal. Pursuant to Rule 101(1) EPC the appeal shall be rejected as inadmissible if it does not comply with Article 108 EPC inter alia.
2. In the present case, no written statement setting out the grounds of appeal has been filed within the time limit provided by Article 108 EPC. Moreover, the notice of appeal contains nothing that could be considered as such a statement. Therefore, the appeal is inadmissible.
For these reasons it is decided that:
The appeal is rejected as inadmissible.