T 0163/01 (Vaccine/VERICORE) 29-11-2001
I. The appeal contests the decision of the Opposition Division of the European Patent Office posted 5. December 2000, rejecting the opposition pursuant to Article 102(2) EPC.
II. The Appellant filed a notice of appeal by letter received on 5 February 2001 and paid the fee for appeal on the same day. No statement of grounds of appeal was filed. The notice of appeal contains nothing that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC.
III. By a communication dated 24 August 2001 sent by registered letter with advice of delivery, the Registry of the Board informed the appellant that no statement of grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.
IV. No answer has been given within the given time limit to the Registry's communication.
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.