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T 0670/08 () of 9.1.2009

European Case Law Identifier: ECLI:EP:BA:2009:T067008.20090109
Date of decision: 09 January 2009
Case number: T 0670/08
Application number: 01110761.2
IPC class: H01P 5/08
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.518K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Radio frequency circuit module on multi-layer substrate
Applicant name: NEC CORPORATION
Opponent name: -
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 26 October 2007 refusing European patent application No. 01 110 761.2.

II. The appellant filed a notice of appeal received on 27 December 2007 and paid the appeal fee on the same day. The notice of appeal contained an auxiliary request for oral proceedings. A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement, merely indicating that the arguments on which the appeal was based would be filed within the next two months.

III. In a communication dated 23 May 2008 sent by registered letter with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

IV. No observations were filed in response to said


V. In a letter dated 19 December 2008, the appellant withdrew the request for oral proceedings.

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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