European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2013:T070112.20130114|
|Date of decision:||14 January 2013|
|Case number:||T 0701/12|
|IPC class:||A61N 1/05|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Stimulation system and method treating a neurological disorder|
|Applicant name:||ADVANCED NEUROMODULATION SYSTEMS, INC.|
|Relevant legal provisions:||
Summary of Facts and Submissions
I. The appeal lies from the decision of the examining division to refuse the European patent application No. 05 775 573.8. The decision was notified by letter dated 14 November 2011.
II. The appellant (applicant) filed a notice of appeal against said decision by a letter received on 13 January 2012 and paid the prescribed appeal fee on the same day.
III. No statement setting out the grounds of appeal was 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 constituting such a statement.
IV. In a communication dated 4 April 2012 sent by registered letter with advice of delivery, the Board informed the appellant that no written statement of grounds had been received and that the appeal should be expected to 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 which reached the addressee on 10 April 2012.
Reasons for the Decision
As no written statement of grounds of appeal has been filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.
The inadmissibility of the appeal is effective from the date of expiry of the period of four months of notification of the impugned decision.
For these reasons it is decided that:
The appeal is rejected as inadmissible.