Boards of Appeal symbol


Boards of Appeal

Contact us using an online form

Richard-Reitzner-Allee 8
85540 Haar

All contact information

Boards of Appeal and key decisions conference

14-15 November 2018
EPO Munich

Register now


T 0963/13 (Multi-antigen/Sanofi Pasteur) of 27.1.2014

European Case Law Identifier: ECLI:EP:BA:2014:T096313.20140127
Date of decision: 27 January 2014
Case number: T 0963/13
Application number: 04783109.4
IPC class: A61K 39/00
A61K 48/00
A61P 35/00
C12N 15/863
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 204.909K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Multi-antigen vectors for Melanoma
Applicant name: Sanofi Pasteur Limited
Opponent name: -
Board: 3.3.04
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 appeal is against the decision of the Examining Division of the European Patent Office dated

9 November 2012, refusing European Patent Application No. 04 783 109.4.

II. The appellant (applicant) filed a notice of appeal on 21 January 2013 and paid the fee for appeal on the same day.

III. No statement setting out the grounds of appeal was filed by the appellant. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

IV. By communication dated 26 April 2013, sent by registered letter with advice of delivery, the Registry of the board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.

V. The appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation