T 0497/04 () of 18.8.2004

European Case Law Identifier: ECLI:EP:BA:2004:T049704.20040818
Date of decision: 18 August 2004
Case number: T 0497/04
Application number: 99306157.1
IPC class: B23B 27/14
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 51 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Polycrystalline diamond compact insert with improved cutting by preventing chip build up
Applicant name: Diamond Innovations, Inc.
Opponent name: -
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
Keywords: Missing statement of grounds - inadmissible appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Examining Division of the European Patent Office posted on 7. November 2003 refusing European patent application No. 99 306 157.1.

The Appellant (applicant) filed a notice of appeal by fax received on 6 April 2004 and paid the appeal fee on the same date. In the notice of appeal it was indicated that a written statement of grounds would be filed within the given term; no such statement was, however, received. The notice of appeal contains nothing that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC.

II. By a communication dated 7 May 2004, sent that same day 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 any observations within two months. By fax received on 28 May 2004 the Appellant confirmed that this communication was received on 18 May 2004.

In this communication attention was drawn to Article 122 EPC.

III. To this communication no reply has been received.

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 (Rule 65(1) EPC in conjunction with Article 108 EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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