T 2152/22 (RNA-containing particles/HIGHLIGHT) 04-04-2023
NOVEL PHARMACEUTICAL COMPOSITION COMPRISING PARTICLES COMPRISING A COMPLEX OF A DOUBLE-STRANDED POLYRIBONUCLEOTIDE AND A POLYALKYLENEIMINE
I. The decision under appeal is the opposition division's decision rejecting the opposition filed against European patent No. 3 319 587. The decision was posted on 11 July 2022.
II. The opponent (appellant) filed a notice of appeal on 19 September 2022 and paid the appeal fee on the same day.
III. By a communication dated 16 December 2022, received by the appellant via mailbox, 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.
IV. No reply was received.
1. No written statement of grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds of appeal within the meaning of Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible pursuant to Rule 101(1) EPC.
For these reasons it is decided that:
The appeal is rejected as inadmissible.