T 0746/08 () of 15.10.2008

European Case Law Identifier: ECLI:EP:BA:2008:T074608.20081015
Date of decision: 15 October 2008
Case number: T 0746/08
Application number: 01110568.1
IPC class: A61K 7/48
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.271K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Multi-lamella based emulsion for stabilizing dermatologically useful ingredients and external preparation containing the same
Applicant name: Neopharm Co, Ltd.
Opponent name: -
Board: 3.3.10
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 lies from the decision of the Examining Division of the European Patent Office refusing European patent application No. 01 110 568.1. The decision was dispatched by registered letter with advice of delivery to the applicant on 6 November 2007.

The appellant filed a notice of appeal on 4 January 2008 against the decision of the Examining Division. The payment of the appeal fee was recorded on the same day.

No statement of grounds was filed.

II. By a communication dated 25 April 2008 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.

III. The appellant did not file any observations.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal contains nothing that could be regarded as statement of grounds pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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