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T 0400/13 () of 13.5.2013

European Case Law Identifier: ECLI:EP:BA:2013:T040013.20130513
Date of decision: 13 May 2013
Case number: T 0400/13
Application number: 06709954.9
IPC class: B03D 1/24
B01F 3/08
B01F 3/04
B01F 5/04
C02F 1/24
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 90.679K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Jet nozzle arrangement for optimising gas bubble size in flotation
Opponent name: -
Board: 3.3.05
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The patent proprietor (hereinafter "the appellant") filed on 26 September 2012 a notice of appeal against the decision of the examining division dated 16 July 2012, whereby the European patent application No. 06 709 954.9 was refused under Article 97(2) EPC. The appeal fee was paid on the same day. No statement of grounds was filed within the time limit set by Article 108 EPC.

II. By a communication dated 21 February 2013 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, therefore, it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was invited to file observations within two months but it did not reply to said communication, and no request for re-establishment of rights under Article 122 EPC was filed.

Reasons for the Decision

1. As no written statement setting out the Grounds of Appeal has been filed, and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Art. 108 EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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