14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2016:T136115.20160212|
|Date of decision:||12 February 2016|
|Case number:||T 1361/15|
|IPC class:||C23F 1/18
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||METHOD FOR ROUGHENING COPPER SURFACES FOR BONDING TO SUBSTRATES|
|Applicant name:||OMG Electronic Chemicals, Inc|
|Opponent name:||Jenkins, Peter David|
|Relevant legal provisions:||
|Keywords:||Admissibility of appeal - missing statement of grounds|
Summary of Facts and Submissions
I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office posted on 4 May 2015 concerning maintenance of European Patent No. 1 255 797 in amended form.
The appellant (opponent) filed a notice of appeal on 7 July 2015 and paid the fee for appeal on the same day.
No statement setting out the grounds of appeal was filed.
II. By a communication dated 24 September 2015 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds of appeal had been filed so that the appeal would be rejected as inadmissible. The appellant was invited to file observations within two months.
III. No answer has been given to the registry's communication.
Reasons for the Decision
1. The notice of appeal filed on 7 July 2015 contains nothing that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC.
2. As no such written statement has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC, third sentence, in conjunction with Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.