T 1933/10 () of 27.5.2011

European Case Law Identifier: ECLI:EP:BA:2011:T193310.20110527
Date of decision: 27 May 2011
Case number: T 1933/10
Application number: 00972559.9
IPC class: C07C 51/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 13.492K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methanol plant retrofit for manufacture of acetic acid
Applicant name: Acetex (Cyprus) Limited
Opponent name: BP Chemicals Limited
Board: 3.3.10
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 101(1)
Keywords: Missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. This is an appeal against the decision of the Opposition Division of the European Patent Office posted 15 July 2010, revoking European Patent No. 1226103.

A notice of appeal on behalf of the patent proprietor was filed by a letter received on 15 September 2010. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.

II. By a communication dated 16 December 2010 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. The appellant 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 anything that could be regarded as a statement of grounds of appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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