T 1834/22 (Mobile device analysis/Nanobiosym) 08-12-2022
SYSTEM AND METHOD FOR MOBILE DEVICE ANALYSIS OF NUCLEIC ACIDS AND PROTEINS
I. The appeal is directed against the decision of the Examining Division of 16 February 2022, posted on the same day, to refuse European patent application
No. 14 722 884.
II. The appellant filed a notice of appeal on 12 April 2022 and paid the appeal fee on the same day.
III. By communication of 1 August 2022, received by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed, and that it was therefore 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 informed that any observations had to be filed within two months of notification of the communication. The appellant was also informed that it was assumed that the request for oral proceedings did not apply to the issue of inadmissibility of the appeal because no grounds of appeal had been filed.
IV. No reply was received.
1. As no written statement setting out the grounds of appeal has been filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC and as the notice of appeal does not contain anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC, the appeal has to be rejected as inadmissible in conjunction with Rule 101(1) EPC.
For these reasons it is decided that:
The appeal is rejected as inadmissible.