J 0014/06 () of 17.11.2006

European Case Law Identifier: ECLI:EP:BA:2006:J001406.20061117
Date of decision: 17 November 2006
Case number: J 0014/06
Application number: 98939436.6
IPC class: B01D 17/035
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Mixing apparatus
Applicant name: Separation Technologies Group Pty. Ltd.
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Admissability of appeal (no) - Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. By a decision dated 2 February 2006 the Receiving Section rejected as inadmissible the request of the applicant (Separation Technologies Group PTY, Ltd) under Article 122(1) EPC for restitutio in integrum of European patent application No. 98 939 436. The application for restitution was the result of the deemed withdrawal of the application following non-payment of the third renewal fee.

II. A notice of appeal requesting cancellation of the decision was filed by the applicant on 3 April 2006 and the appeal fee was paid on the same date.

III. No grounds of appeal were filed and on 1 August 2006 the Registrar of the Legal Board of Appeal sent the applicant's representative a communication stating that it was to be expected the appeal would be rejected as inadmissible pursuant to Article 108 EPC in conjunction with Rule 65(1) EPC. It was further stated that any observations should be filed within two months from notification of the communication.

IV. In accordance with Rule 78 EPC, the above communication was deemed to have been received by the applicant's representative on 11 August 2006. No further communication has been received by the Board from the applicant's representative.

Reasons for the Decision

No statement setting out the grounds of appeal having been filed, and the notice of appeal itself containing no grounds, the appeal must be rejected as inadmissible pursuant to Article 108 EPC in conjunction with Rule 65(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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