T 0050/06 01-08-2006
Download and more information:
Single-hand held diagnostic display unit
Missing statement of grounds
Withdrawal of request for oral proceedings
I. The appellant contests the decision of the examining division of the European Patent Office dated 1 June 2005 refusing European patent application No. 01 927 297.0.
The appellant filed a notice of appeal on 2 August 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 3 February 2006, the Board informed the appellant that no statement setting out 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 13 July 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.