T 1705/09 (Overexpression proteins/GENERAL HOSPITAL) of 29.4.2010

European Case Law Identifier: ECLI:EP:BA:2010:T170509.20100429
Date of decision: 29 April 2010
Case number: T 1705/09
Application number: 95931798.3
IPC class: C12N 15/09
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.555K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Overexpression of mammalian and viral proteins
Opponent name: GENEART AG
Board: 3.3.08
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 interlocutory decision of the Opposition Division of the European Patent Office dated 30 June 2009 concerning maintenance of European patent No. 0 781 329 entitled "Overexpression of mammalian and viral proteins" in amended form. The appellant (opponent 02) filed a notice of appeal on 11 August 2009 and paid the fee for appeal on the same day. No statement of grounds of appeal was filed.

II. By a communication dated 15 December 2009 sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal had been filed and that, therefore, it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, and Rule 101(1) EPC. The appellant was invited to file observations within two months. The appellant did not reply to said communication and no request for re-establishment of rights was filed.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain any statements that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC). Since the appeal is inadmissible, none of the requests in the notice of appeal, including the request for oral proceedings, can be considered.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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