T 0595/03 (Adheson variants/GENENTECH) of 27.9.2004

European Case Law Identifier: ECLI:EP:BA:2004:T059503.20040927
Date of decision: 27 September 2004
Case number: T 0595/03
Application number: 88309194.4
IPC class: C12N 15/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Adheson variants, nucleic acid encoding them and compositions comprising them
Applicant name: Genentech Inc.
Opponent name: BIOGEN Inc.
Genetics Institute, LLC
Board: 3.3.08
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 patentee (respondent), opponent 01 and opponent 02 (appellant) each filed an appeal against the decision of the opposition division dated 11 March 2003 concerning maintenance of the European patent No. 0 314 317 in amended form pursuant to Articles 102(3) and 106(3) EPC.

II. With a letter of 2 July 2003, opponent 01 withdrew its opposition.

III. With a letter of 6 September 2004, the patentee withdrew its appeal.

IV. The appellant had filed a notice of appeal on 13 May 2003 and had paid the appeal fee on the same day. No statement of grounds of appeal was filed.

V. By a communication dated 18 August 2003 sent by registered letter with advice of delivery, the registry of the board informed the appellant that no statement of grounds of appeal had been filed and that, therefore, the appeal had 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. The appellant did not reply to said 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 a statement of grounds of appeal according to Article 108 EPC, the sole pending appeal of opponent 02 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 of opponent 02 is rejected as inadmissible.

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