T 1208/11 () of 17.7.2012

European Case Law Identifier: ECLI:EP:BA:2012:T120811.20120717
Date of decision: 17 July 2012
Case number: T 1208/11
Application number: 02717703.9
IPC class: A01K 67/027
A01K 67/033
C12P 21/00
C07K 16/00
C12N 5/00
C12N 5/06
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 89.763K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Transgenic animals expressing antibodies specific for genes of interest and uses thereof
Applicant name: Abbott GmbH & Co. KG
Opponent name: -
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of Appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 13 December 2010 refusing European patent application No. 02717703.9.

The appellant filed a notice of appeal on 11 February 2011 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. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 10 June 2011, 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

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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