T 1169/10 () of 18.11.2010

European Case Law Identifier: ECLI:EP:BA:2010:T116910.20101118
Date of decision: 18 November 2010
Case number: T 1169/10
Application number: 98119786.6
IPC class: G02C 7/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.229K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Progressive focal lens for eyeglasses
Applicant name: TOKAI KOGAKU KABUSHIKI KAISHA
Opponent name: -
Board: 3.4.02
Headnote: -
Relevant legal provisions:
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Keywords: Missing statement of the grounds of appeal
Catchwords:

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Cited decisions:
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Citing decisions:
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Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 7 December 2009 refusing European patent application No. 98119786.6.

The appellant filed a notice of appeal on 17 February 2010 and paid the appeal fee on 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.

II. In a communication dated 7 June 2010, 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

No written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement pursuant to Article 108 and Rule 99(2) EPC. Thus, 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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