T 1391/04 (Electronic Distance Measuring Device/SPECTRA PRECISION) of 6.7.2005

European Case Law Identifier: ECLI:EP:BA:2005:T139104.20050706
Date of decision: 06 July 2005
Case number: T 1391/04
Application number: 99951327.8
IPC class: G01S 7/481
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Versions: Unpublished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: Electronic Distance Measuring Device
Applicant name: Spectra Precision AB
Opponent name: -
Board: 3.5.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal lies from the decision of the examining division of the European Patent Office dated 9 June 2004 refusing the European patent application 99. 951 327.8. The decision was dispatched by registered letter with advice of delivery to the applicant on the day it was given.

II. The appellant (applicant) filed a notice of appeal by a letter received on 17 June 2004. The payment of the appeal fee was recorded on the same day.

No statement of grounds was filed.

III. By a communication dated 16 December 2004, sent by registered post 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.

IV. With facsimile of 20 June 2005 the appellant confirmed that he had not filed and did not intend to file a written statement of grounds.

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 and the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 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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