T 1385/13 (Bus modem/VIMAR) of 12.12.2013

European Case Law Identifier: ECLI:EP:BA:2013:T138513.20131212
Date of decision: 12 December 2013
Case number: T 1385/13
Application number: 06754201.9
IPC class: H04B 3/54
H04B 3/56
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 212.407K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Bus modem for building and industrial electrical systems
Applicant name: Vimar SpA
Opponent name: Merten GmbH
Siemens Aktiengesellschaft
Insta Elektro GmbH
Board: 3.5.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(1)(a)
European Patent Convention R 101(2)
Keywords: Admissibility of appeal - notice of appeal
Admissibility of appeal - name and address of appellant
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. This appeal is against the decision of the opposition division revoking European patent No. 1900110.

II. The appellant filed a notice of appeal on 13 June 2013 and paid the appeal fee the same day.

III. By registered letter with advice of delivery the registrar of the board sent a communication, dated 21 June 2013 and received by the appellant on 28 June 2013, in which the appellant was invited to remedy, within two months of notification of the communication, deficiencies in the notice of appeal, namely the omission of the appellant's name and address, failing which it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, first sentence, EPC in conjunction with Rule 101(2) EPC.

IV. By registered letter with advice of delivery, dated 29 August 2013, received by the appellant on 6 September 2013, the registrar informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed and that it was therefore 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 informed that any observations had to be filed within two months of notification of the communication.

V. Apart from the returned advices of delivery, no reply was received.

Reasons for the Decision

1. The deficiencies under Rule 99(1)(a) EPC (name and address missing) were not remedied by the appellant after having been invited to do so with the communication dated 21 June 2013. Consequently, pursuant to Rule 101(2), last sentence, EPC, the appeal is to be rejected as inadmissible.

2. In view of the above, it is not necessary to further consider the facts set out above in point IV.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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