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T 0874/05 15-03-2006
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Interessengemeinschaft für Rundfunkschutzrechte GmbH
Schutzrechtsverwertung & Co. KG
Missing statement of grounds
Withdrawal of request for oral proceedings
I. The appellant contests the decision of the opposition division of the European Patent Office dated 30 March 2005 rejecting the opposition against European patent No. 0 627 856.
The appellant filed a notice of appeal on 30 May 2005 and paid the appeal fee on the same day.
The notice of appeal contains an auxiliary request for oral proceedings.
A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.
II. In a communication dated 19 September 2005, the Board informed the parties that no statement setting out of the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.
III. In a letter dated 6 March 2006 the appellant withdrew the request for oral proceedings.
As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 65(1) EPC.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.