T 0821/06 (Inhibition of Pathogens by BCS/GANEDEN) of 13.11.2006

European Case Law Identifier: ECLI:EP:BA:2006:T082106.20061113
Date of decision: 13 November 2006
Case number: T 0821/06
Application number: 00978435.6
IPC class: A61K 35/74
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Inhibition of Pathogens by Bacillus Coagulans Strains
Applicant name: Ganeden Biotech, Inc.
Opponent name: -
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

The appeal contests the decision of the Examining Division of the European Patent Office dated 20 December 2005 concerning refusal of the European Patent application No. 00 978 435.6.

The appellant (applicant) filed a notice of appeal on 28 February 2006 and paid the fee for appeal on the same day.

No statement of grounds was filed by the appellant.

The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

By communications dated 9 August 2006, sent 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 observations within two months.

Attention was also drawn to Article 122 EPC.

In response to an inquiry by the registry of the Board, the representative of the appellant confirmed that no response had been or would be filed to the communication of 9 August 2006.

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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