T 0753/15 (Ligand/DOMANTIS) of 5.2.2016

European Case Law Identifier: ECLI:EP:BA:2016:T075315.20160205
Date of decision: 05 February 2016
Case number: T 0753/15
Application number: 09158112.4
IPC class: C07K 16/46
C12N 15/13
C12N 15/79
C12N 5/10
G01N 33/68
G01N 33/577
G01N 33/542
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 214.654K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Ligand
Applicant name: Domantis 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"
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division of the European Patent Office posted on 24 October 2014 refusing European patent application No. 09158112.4

II. The applicant (appellant) filed a notice of appeal on

12 December 2014 and paid the appeal fee on the same day.

III. By communication of 20 April 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. The appellant filed no observations in response to said communication.

Reasons for the Decision

1. No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, 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.

2. 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.

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