T 1098/09 (Missing statement of grounds) of 16.7.2009

European Case Law Identifier: ECLI:EP:BA:2009:T109809.20090716
Date of decision: 16 July 2009
Case number: T 1098/09
Application number: 98954095.0
IPC class: C22C 33/02
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Versions: Unpublished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: High density forming process with powder blends
Opponent name: -
Board: 3.2.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: -


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. 98 954 095.0. The decision was dispatched by registered letter with advice of delivery to the applicant on 4 December 2008.

The appellant filed a notice of appeal by a letter received on 4 February 2009. The payment of the appeal fee was recorded on the same day.

No separate statement of grounds was filed.

II. By a communication dated 28 May 2009 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 and attention was drawn to the possibility of filing a request for re-establishment of rights under Article 122 EPC.

III. The appellant in his letter of 23 June 2009 informed the board that he did not wish to file any observation in response to the communication of 28 May 2009.

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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