T 1191/01 (V28 receptor/ICOS) of 27.5.2002

European Case Law Identifier: ECLI:EP:BA:2002:T119101.20020527
Date of decision: 27 May 2002
Case number: T 1191/01
Application number: 94903271.8
IPC class: C12N 15/12
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Versions: Unpublished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: Novel V28 seven transmembrane receptor
Applicant name: ICOS CORPORATION
Opponent name: SmithKline Beecham plc
Duphar International Research B.V.
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 22. August 2001 revoking the European Patent No. 0 630 405.

The Appellant (patent proprietor) filed a notice of appeal by letter received on 30 October 2001 and paid the fee for appeal on the same date. No statement setting out the grounds of appeal was filed, and the notice of appeal contains nothing that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC.

II. By a communication dated 14 February 2002, the Registry of the Board informed the Appellant that no statement setting out the grounds of appeal had been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months. Attention was also drawn to Article 122 EPC.

III. No answer has been given to the Registry's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible, Rule 65(1) EPC in conjunction with Article 108 EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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