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T 0016/00 (Engine inlet manifold/ROVER) 25-09-2000
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An internal combustion engine inlet manifold
I. The appeal is against the decision of the Opposition Division of the European Patent Office posted on 4. November 1999, by which the opposition against European patent No. 0 568 560 was rejected.
The appellant (opponent) filed a notice of appeal by letter received on 28 December 1999 and paid the fee for appeal on the same day. No statement setting out the grounds of appeal (Article 108 EPC, third sentence) was filed. Moreover, the notice of appeal contains nothing that could be regarded as representing such a statement.
II. By a communication dated 30 May 2000, sent by registered letter with advice of delivery, the Registry of the Board informed the appellant that no statement setting out the grounds of appeal had been filed and that the appeal was to be expected to be rejected as inadmissible. The appellant was invited to file observations within two months, and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.
III. The appellant failed to reply to the communication of the Registry.
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible under Rule 65(1) EPC, in conjunction with Article 108 EPC.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.