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T 0010/16 () of 14.4.2016

European Case Law Identifier: ECLI:EP:BA:2016:T001016.20160414
Date of decision: 14 April 2016
Case number: T 0010/16
Application number: 99950233.9
IPC class: G02F 1/167
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 220.934K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: E Ink Corporation
Opponent name: -
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Appeal inadmissible - No statement of grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division posted on 8 July 2015 refusing European patent application No. 99950233.9.

II. The appellant (applicant) filed a notice of appeal dated 4 September 2015 and received on 14 September 2015. The appeal fee was paid on 14 September 2015.

No statement setting out the grounds of appeal was filed within the time limit prescribed by Article 108 EPC.

III. By communication of 12 January 2016, sent by registered letter with advice of delivery and 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 has been 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 within the meaning of Article 108 EPC and Rule 99(2) EPC.

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.

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