T 2267/08 (Removal of TNFR1, TNFR2 and IL2/BIOPHERESIS) of 31.3.2009

European Case Law Identifier: ECLI:EP:BA:2009:T226708.20090331
Date of decision: 31 March 2009
Case number: T 2267/08
Application number: 05744057.0
IPC class: A61K 39/395
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.410K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method and system to remove soluble TNFR1, TNFR2, and IL2 in patients
Applicant name: BioPheresis Technologies, Inc.
Opponent name: -
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 contests the decision of the examining division of the European Patent Office dated 26 May 2008 concerning the refusal of the European Patent application No. 05744057.0.

II. The appellant (applicant) filed a notice of appeal on 1 August 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 12 December 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; further, the appellant was requested to make clear if the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal has not been filed.

V. The appellant, by letter dated 28 January 2009, withdrew the request for oral proceedings.

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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