T 0607/02 () of 22.11.2002

European Case Law Identifier: ECLI:EP:BA:2002:T060702.20021122
Date of decision: 22 November 2002
Case number: T 0607/02
Application number: 96111994.8
IPC class: H03H 9/02
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Versions: Unpublished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: Surface-skimming bulk wave substrate and device including same
Applicant name: CTS Corporation
Opponent name: Epcos AG
Board: 3.5.02
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 revoking European patent No. 0 758 818. The decision was dispatched by registered letter with advice of delivery on 18 March 2002.

The patent proprietor filed a notice of appeal by letter dated 20 May 2002, received on 21 May 2002, and paid the appeal fee on 21 May 2002. 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 sent by registered letter with advice of delivery on 29 August 2002, the registry of the board informed the appellant that no statement of grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.

III. The appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed within the time limit provided by Article 108 EPC in conjunction with Rule 78(2) EPC, the appeal has to be rejected as inadmissible (Rule 65(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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