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T 1889/11 (Epitopes of wt-1 and and gata-1/GANYMED PHARMACEUTICALS) of 3.9.2012

European Case Law Identifier: ECLI:EP:BA:2012:T188911.20120903
Date of decision: 03 September 2012
Case number: T 1889/11
Application number: 05023645.4
IPC class: C07K 14/47
C07K 4/12
C07K 7/06
A61K 38/08
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.648K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Immunotherapeutic methods using epitopes of wt-1 and gata-1
Applicant name: Ganymed Pharmaceuticals AG
Opponent name: Dainippon Sumitomo Pharma Co., Ltd.
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is against the decision of the opposition division of the European Patent Office dated 14 June 2011, revoking European patent No. 1619202 pursuant to Article 101(3)(b) EPC.

II. The appellant (patent proprietor) filed a notice of appeal on 22 August 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 17 February 2012, 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. The appellant filed no observations in response to said communication.

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 (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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