T 0381/08 () of 5.12.2008

European Case Law Identifier: ECLI:EP:BA:2008:T038108.20081205
Date of decision: 05 December 2008
Case number: T 0381/08
Application number: 93116085.7
IPC class: G11B 5/706
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.660K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Magnetic recording medium
EMTEC Magnetics GmbH
Board: 3.5.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention Art 108 Sent 3
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant (Opponent O1) contests the interlocutory decision of the opposition division dated 19 December 2007 concerning maintenance of the European patent No. 0 592 922 in amended form.

II. The appellant filed a notice of appeal received on 19 February 2008 and paid the appeal fee on the same day. No statement of grounds of appeal was received.

III. In a communication dated 10 June 2008 sent by registered post with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that it was to be expected that the appeal would be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

IV. No observations were filed.

Reasons for the Decision

1. Article 108 EPC requires that a statement setting out the grounds of appeal shall be filed within four months of notification of the decision. Pursuant to Rule 101(1) EPC the appeal shall be rejected as inadmissible if it does not comply with Article 108 EPC.

2. In the present case no document was filed by the appellant which could be regarded as a statement setting out the grounds of appeal. Consequently the appeal has to be rejected as inadmissible.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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