T 1837/10 14-12-2010
Method and system for conducting a game of chance
I. This is an appeal against the refusal of European patent application No. 04076916 posted 19 March 2010.
A notice of appeal on behalf of the applicant appellant
was filed on 10 May 2010. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.
II. By a communication dated 10 September 2010 sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal had been filed and that, therefore, it was 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 invited to file observations within two months.
III. No answer has been given to the communication within the time limit. No request for re-establishment of rights was filed.
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 grounds of appeal according to Article 108 EPC, 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.