14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2015:T081215.20151014|
|Date of decision:||14 October 2015|
|Case number:||T 0812/15|
|IPC class:||H04R 25/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Blind source separation for hearing aids|
|Applicant name:||Sivantos GmbH
|Opponent name:||Oticon A/S / GN Resound A/S / Widex A/S|
|Relevant legal provisions:||
|Keywords:||Admissibility of appeal - missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is directed against the decision of the opposition division dated 18 February 2015 according to which European patent No. 1017253 was revoked.
II. The appellants (patent proprietors) filed a notice of appeal on 20 April 2015 and paid the appeal fee the same day.
III. A statement of grounds of appeal had to be filed by 29 June 2015.
IV. In a communication dated 13 July 2015, received by the appellants on 14 July 2015, the registrar of the board informed the appellants 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 appellants were informed that any observations had to be filed within two months of notification of the communication.
V. No reply to the communication was received.
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 conjunction with Rule 126(2) EPC.
2. 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.
3. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.