T 0313/02 () of 26.6.2002

European Case Law Identifier: ECLI:EP:BA:2002:T031302.20020626
Date of decision: 26 June 2002
Case number: T 0313/02
Application number: 98921610.6
IPC class: H01M 8/08
H01M 8/10
H01M 8/02
C25B 5/00
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Versions: Unpublished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: Electrolytic reactor such as fuel cell with zeolite membrane
Applicant name: Smart (Isle Of Man) Limited
Opponent name: -
Board: 3.4.02
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 Examining Division of the European Patent Office dated 31 October 2001, refusing the European patent application No. 98 921 610.6 .

The Appellant filed a notice of appeal on 27 December 2001 and paid the fee for appeal on 28 December 2001.

No statement of grounds was filed. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

II. By a communication dated 10 April 2002, sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no statement of grounds has been filed and that the appeal was expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. No answer has been given within the two months time limit 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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