T 2117/22 (Gas treatment element/Skroll) 01-03-2023
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A METHOD OF FORMING A GAS TREATMENT ELEMENT
Summary of Facts and Submissions
I. On 13 September 2022, the patent proprietor filed a notice of appeal against the opposition division's decision of 20 May 2022, posted on 14 July 2022, to uphold the patent in amended form. The appeal fee was paid the same day.
II. No statement of grounds of appeal was filed.
III. By communication of 8 December 2022, the appellant's attention was drawn to the missing statement of grounds, and to the legal consequence that the appeal was likely to be rejected as inadmissible. Any observations would have to be filed within two months of notification of the communication.
IV. No such observations were submitted.
Reasons for the Decision
1. No written statement setting out the grounds of appeal was filed within the time limit of Article 108, third sentence, EPC in conjunction with Rules 99 (2) and 126(2) EPC. Therefore, the appeal is inadmissible (Rule 101(1) EPC).
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.