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T 1163/11 () of 10.10.2011

European Case Law Identifier: ECLI:EP:BA:2011:T116311.20111010
Date of decision: 10 October 2011
Case number: T 1163/11
Application number: 05019268.1
IPC class: C12N 15/31
C07K 14/315
C07K 16/12
A61K 31/70
A61K 39/09
G01N 33/53
G01N 33/68
C12Q 1/68
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.259K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Nucleic acids and proteins from streptococcus pneumoniae
Applicant name: Sanofi Pasteur Limited
Opponent name: -
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal lies against the decision of the Examining Division of the European Patent Office of 10 December 2010 whereby the European Patent application No. 05019268.1 (published as EP-A-1624064) entitled "Nucleic acids and proteins from streptococcus pneumoniae" was refused.

II. The appellant filed a notice of appeal on 9 February 2011 and paid the appeal fee on the same day. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

III. By communication of 10 June 2011, received by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed and that it was therefore 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 informed that any observations had to be filed within two months of notification of the communication.

IV. No reply was received.

Reasons for the Decision

No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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