T 0058/02 (Inadmissibility of the appeal/H.C. STARCK) of 3.9.2002

European Case Law Identifier: ECLI:EP:BA:2002:T005802.20020903
Date of decision: 03 September 2002
Case number: T 0058/02
Application number: 96939869.2
IPC class: C22C 26/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Pre-alloyed powder and its use in the manufacture of diamond tools
Applicant name: n.v. Union Miniere s.a.
Opponent name: H.C. STARCK GmbH & Co. KG
Board: 3.2.02
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 5. November 2001, concerning maintenance of the European patent No. 865 511 in amended form pursuant to Articles 102(3), 106(3) EPC.

The Appellant (Opponent 01) filed a Notice of Appeal on 8. January 2002 and paid the fee for appeal on the same date.

No Statement of Grounds was filed.

The Notice of Appeal does not contain anything that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 3 May 2002 sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds 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 and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.

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

Reasons for the Decision

As no written Statement setting out the Grounds of Appeal has been filed and as the Notice of Appeal does not contain anything that could be regarded as Statement of Grounds of Appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible, (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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