T 2353/08 (Carotenoids/DSM IP) of 1.7.2009

European Case Law Identifier: ECLI:EP:BA:2009:T235308.20090701
Date of decision: 01 July 2009
Case number: T 2353/08
Application number: 00126114.8
IPC class: C12P 23/00
C12N 9/08
C12N 9/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Recombinant production of carotenoids, particularly staxanthin
Applicant name: DSM IP Assets B.V.
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 5 June 2008 concerning refusal of the European Patent application No. 00 126 114.8.

II. The appellant (applicant) filed a notice of appeal on 6 August 2008 and paid the appeal fee 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 30 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.

V. No observations were filed in response to the communication dated 30 December 2008.

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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