|European Case Law Identifier:||ECLI:EP:BA:2011:T041411.20110920|
|Date of decision:||20 September 2011|
|Case number:||T 0414/11|
|IPC class:||C07K 1/36
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||PROTEIN RECOVERY BY CHROMATOGRAPHY FOLLOWED BY FILTRATION UPON A CHARGED LAYER|
|Applicant name:||Genentech, Inc.|
|Opponent name:||Novo Nordisk A/S
Symphogen A/S et al.
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is against the decision of the Opposition Division of the European Patent Office dated 29 November 2010 concerning maintenance of European Patent No. 0 998 486 in amended form.
II. The appellant (opponent O1) filed a notice of appeal on 9 February 2011 and paid the fee for appeal on the same day.
III. No statement of grounds was filed by the appellant. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
IV. By communication dated 27 May 2011, sent by registered letter with advice of delivery, the Registry of the board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months; further, the appellant was requested to make clear if the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal had not been filed.
V. The appellant, by letter dated 8 July 2011, withdrew the request for oral proceedings in the case of non-admissibility of the appeal.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Rule 101(1) EPC in conjunction with Article 108 EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.