14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2012:T078211.20120110|
|Date of decision:||10 January 2012|
|Case number:||T 0782/11|
|IPC class:||A61K 39/106
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||FISH VACCINE|
|Applicant name:||Novartis AG
Novartis Pharma GmbH
|Opponent name:||Intervet International BV|
|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 31 January 2011 concerning maintenance of European Patent No. 1 200 121 in amended form.
II. The appellant (opponent O1) filed a notice of appeal on 29 March 2011 and paid the fee for appeal on 30 March 2011.
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 19 July 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.
V. No observations were filed by the appellant within two months.
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.