T 2211/12 (Pulse oxymeter with help screen/NELLCOR) of 16.1.2013

European Case Law Identifier: ECLI:EP:BA:2013:T221112.20130116
Date of decision: 16 January 2013
Case number: T 2211/12
Application number: 07795641.5
IPC class: G06F 19/00
Language of proceedings: EN
Download and more information:
Decision text in EN (PDF, 204.508K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: PATIENT MONITORING HELP SCREEN SYSTEM AND METHOD
Applicant name: Nellcor Puritan Bennett LLC
Opponent name: -
Board: 3.5.05

Headnote

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Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

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Cited decisions:
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Citing decisions:
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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.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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