T 2337/11 () of 2.3.2012

European Case Law Identifier: ECLI:EP:BA:2012:T233711.20120302
Date of decision: 02 March 2012
Case number: T 2337/11
Application number: 08102469.7
IPC class: G06Q 20/00
G06F 21/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.107K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Framework and technology to enable the portability of information cards
Applicant name: Novell, Inc.
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of appeal
Catchwords:

-

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 24 May 2011 refusing European patent application No. 08102469.7.

The appellant filed a notice of appeal on 16 June 2011 and paid the appeal fee on the same day.

The notice of appeal contained a request for oral proceedings.

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 a statement.

II. In a communication dated 17 November 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. In a letter dated 6 December 2011 the appellant declared that the applicant was not proceeding any further with the appeal and that the request for oral proceedings was not intended to apply to the question of inadmissibility because the statement of written grounds had not been filed.

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.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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