T 0478/08 (Use of consensus interferon/AMGEN INC.) of 12.9.2008

European Case Law Identifier: ECLI:EP:BA:2008:T047808.20080912
Date of decision: 12 September 2008
Case number: T 0478/08
Application number: 99100197.5
IPC class: A61K 38/21
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.619K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Use of consensus interferon for reducing the side effects of interferon treatment in viral hepatits
Applicant name: Amgen Inc.
Opponent name: MAXYGEN INC.
F.Hoffmann-La Roche AG
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal concerns the interlocutory decision of the opposition division of the European Patent Office posted on 23 December 2007 according to which the European patent No. 0 911 033 in amended form complies with the requirements of the EPC.

II. The appellant (opponent) filed a notice of appeal on 6 March 2008 and paid the fee for appeal on the same day.

III. 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.

IV. By communication dated 25 June 2008 and 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.

V. The appellant, by letter dated 19 June 2008, confirmed that it did not intend to pursue the appeal.

Reasons for the Decision

As no written statement setting out the grounds of appeal

had been filed, the appeal has to be rejected as inadmissible (Rule 101(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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