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T 0526/06 30-10-2006
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I. The appeal is directed against the decision of the examining division of the European Patent Office, posted 11 October 2005, refusing the European patent application No. 99 850 215.7.
The appellant filed a notice of appeal on 12 December 2005, paid the fee for appeal on the same day and stated that a statement setting out the grounds of appeal would be filed within two months. No statement of grounds was filed within the time limit provided by Article 108 EPC in conjunction with Rule 78(2) EPC.
II. By a communication dated 4 May 2006, sent by registered post with acknowledgement of receipt, the Board informed the appellant that it appeared that no written statement of grounds of appeal had been filed and that it was to be expected that the appeal would be rejected as inadmissible. The appellant was invited to file observations within two months.
III. No observations were received in response to said communication.
No written statement setting out the grounds of appeal has been filed. Furthermore, the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC. The appeal therefore has to be rejected as inadmissible (Rule 65(1) EPC).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.