T 0599/15 (Missing statement of grounds) of 24.6.2015

European Case Law Identifier: ECLI:EP:BA:2015:T059915.20150624
Date of decision: 24 June 2015
Case number: T 0599/15
Application number: 09014071.6
IPC class: A61K 45/06
A61K 31/57
A61K 31/565
A61K 31/567
A61P 15/18
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 215.412K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Contraception process and administration form for the same
Applicant name: Bayer Intellectual Property GmbH
Opponent name: -
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - statement of grounds (not filed)
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division posted on 15 September 2014.

II. The appellant filed a notice of appeal on 17 November 2014 and paid the appeal fee on the same day.

III. By communication of 30 March 2015, received by the appellant, the Registry of the Board 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.

IV. No reply was received.

Reasons for the Decision

No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation