T 0236/02 () of 30.8.2002

European Case Law Identifier: ECLI:EP:BA:2002:T023602.20020830
Date of decision: 30 August 2002
Case number: T 0236/02
Application number: 94111653.5
IPC class: B41M 5/26
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Versions: Unpublished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: IC card having image information
Opponent name: Giesecke & Devrient GmbH
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing statement setting out the grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is against the decision of the Opposition Division of the European Patent Office dated 21. December 2001, maintaining the European patent No. 0 636 495 in amended form.

The appellant (patent proprietor) filed a notice of appeal on 27 February 2002 and paid the fee for appeal on the same date.

No statement setting out the grounds of appeal was filed. In addition, the notice of appeal contains nothing that could be regarded as a statement within the meaning of Article 108 EPC, third sentence.

II. By a communication sent by registered letter with advice of delivery on 6 June 2002, and received by the appellant on 7 June 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. The attention of the appellant was also drawn to Rule 84a EPC and 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 (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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