T 1147/14 () of 2.10.2014

European Case Law Identifier: ECLI:EP:BA:2014:T114714.20141002
Date of decision: 02 October 2014
Case number: T 1147/14
Application number: 04736517.6
IPC class: B65D 63/10
F16L 3/233
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 207.216K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: TIE STRIPS
Applicant name: Harsley, Andrew John
Opponent name: -
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007) Sent 3
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal contests the decision of the Examining Division of the European Patent Office posted on 5 December 2013 refusing the request for re-establishment into the time limit for the payment of the annual fee for the fifth year and the additional fee pursuant to Article 122(1) EPC in the matter of the European patent application No. 04736517.6.

The appellant (applicant) filed a notice of appeal on 6 December 2013 and paid the appeal fee on the same day. The notice of appeal was reiterated with letter dated 19 December 2013 referring to the written decision as notified.

II. By a communication dated 26 May 2014 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement setting out the grounds of appeal 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.

III. No answer has been filed to the registry's communication.

Reasons for the Decision

1. Neither the notice of appeal filed on 6 December 2013 nor the letter filed on 19 December 2013 contain anything that could be regarded as a statement of grounds pursuant to Article 108 EPC.

2. 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).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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