14-15 November 2018
|European Case Law Identifier:||ECLI:EP:BA:2017:T206616.20170116|
|Date of decision:||16 January 2017|
|Case number:||T 2066/16|
|IPC class:||G01N 15/14
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||PORTABLE SAMPLE ANALYZER SYSTEM|
|Applicant name:||Honeywell International Inc.|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is directed against the decision of the Examining Division posted on 29 March 2016.
II. The applicant (appellant) filed a notice of appeal on 17 May 2016 and paid the appeal fee on the same day.
III. By communication of 14 September 2016 sent by registered letter with advice of delivery (the receipt of which was confirmed by the appellant on 19 September 2016), 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. In a letter dated 12 January 2017, the appellant withdrew the request for oral proceedings.
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).
For these reasons it is decided that:
The appeal is rejected as inadmissible.