|European Case Law Identifier:||ECLI:EP:BA:2010:T178109.20100326|
|Date of decision:||26 March 2010|
|Case number:||T 1781/09|
|IPC class:||A61K 39/395
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Stable antibody compositions and injection preparations|
|Applicant name:||CHUGAI SEIYAKU KABUSHIKI KAISHA|
|Relevant legal provisions:||
|Keywords:||Missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is against the decision of the Examining Division of the European Patent Office dated 2 March 2009 concerning refusal of the European Patent application No. 00 985 964.6.
II. The appellant (applicant) filed a notice of appeal on 27 April 2009 and paid the appeal fee on 28 April 2009.
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 16 October 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.
V. No observations were filed in response to the communication dated 16 October 2009.
Reasons for the Decision
As no written statement setting out the grounds of appeal has 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.