T 0128/02 01-07-2002
Segmented smelt spout
The appeal contests the decision of the Examining Division of the European Patent Office posted 9 July 2001, refusing the European patent application No. 97 947 398.0 pursuant to Article 97(1) EPC.
The Appellant filed a Notice of Appeal on 31 August 2001 and paid the fee for appeal on the same day.
No Statement of Grounds was filed. The Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.
By a communication dated 18 February 2002 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.
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 and as the notice of appeal does not contain anything that could be regarded as a statement of ground of appeal according to Article 108 EPC, 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.