European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2013:T173912.20130123|
|Date of decision:||23 January 2013|
|Case number:||T 1739/12|
|IPC class:||A61P 9/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Lipoxin analogs as novel inhibitors of angiogenesis|
|Applicant name:||The Brigham and Women's Hospital, Inc.|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
The appellant (applicant) contests the decision of the Examining Division of the European Patent Office posted 22 February 2012 refusing European patent application
No. 10 003 357.0 pursuant to Article 97(2) EPC.
The notice of appeal was received on 19 April 2012 and the appeal fee was paid on the same day. No statement of grounds of appeal has been filed.
By a communication dated 9 August 2012 sent by registered letter with advice of delivery, the Registry of the Board informed the appellant that no statement of grounds of appeal had been filed and that, as a consequence, it was to be expected that the appeal would be rejected as inadmissible. The appellant was also given a time limit of two months for filing observations.
No answer has been given to this communication.
Reasons for the Decision
According to Article 108 EPC, a statement setting out the grounds of appeal shall be filed within four months of notification of the decision.
If the appeal does not comply with Article 108 EPC, the appeal must be rejected as inadmissible (Rule 101(1) EPC). In the present case, no written statement setting out the grounds of appeal has been filed and the notice of appeal contains nothing that could be regarded as such.
Consequently the appeal has to be rejected as inadmissible.
For these reasons it is decided that:
The appeal is rejected as inadmissible.