T 1669/07 () of 14.4.2008

European Case Law Identifier: ECLI:EP:BA:2008:T166907.20080414
Date of decision: 14 April 2008
Case number: T 1669/07
Application number: 97104871.5
IPC class: B01D 69/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.505K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Highly permeable composite reverse osmosis membrane and a reverse osmosis membrane module using the same
Opponent name: Toray Industries, Inc.
Board: 3.3.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing Statement of Grounds
Appeal inadmissible


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 16 July 2007 revoking European patent No. 0798036 pursuant to Article 102(1) EPC.

The appellants (proprietors of the patent) filed a notice of appeal on 21 September 2007 and paid the fee for appeal on the same day.

No statement of grounds was however filed. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

II. In a communication dated 3 January 2008 sent by registered letter with advice of delivery, the Registry of the Board informed the appellants that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellants were invited to file any observations within two months.

III. By letter dated 10 April 2008, the appellants withdrew their request for oral proceedings.

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 (Article 108 in conjunction with Rule 101 (1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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