T 1160/10 03-09-2010
Clear personal care compositions containing visible capsules
I. The appeal contests the decision of the Examining Division of the European Patent Office dated 6 October 2009 refusing European patent application No. 1524959. The decision was dispatched by registered letter with advice of delivery on 27 October 2009. The applicant filed a notice of appeal by letter received on 1 December 2009 and paid the fee for appeal on 1 December 2009. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.
II. By a communication dated 4 June 2010 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.
III. The Appellant filed no observations in response to said 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 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.