European Round-Table on Patent Practice (EUROTAB)
|European Case Law Identifier:||ECLI:EP:BA:2013:T221112.20130116|
|Date of decision:||16 January 2013|
|Case number:||T 2211/12|
|IPC class:||G06F 19/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||PATIENT MONITORING HELP SCREEN SYSTEM AND METHOD|
|Applicant name:||Nellcor Puritan Bennett LLC|
|Relevant legal provisions:||
|Keywords:||Admissibility of appeal - missing statement of grounds|
Summary of Facts and Submissions
I. The appellant contests the decision of the examining division of the European Patent Office dated 2 May 2012 refusing European patent application No. 07795641.5.
The appellant filed a notice of appeal on 2 July 2012.
The authorisation to pay the appeal fee was filed with the letter dated 20 June 2012. The appeal fee was paid 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 24 October 2012, 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.