T 1781/09 (Stable antibody/CHUGAI SEIYAKU KK) of 26.3.2010

European Case Law Identifier: ECLI:EP:BA:2010:T178109.20100326
Date of decision: 26 March 2010
Case number: T 1781/09
Application number: 00985964.6
IPC class: A61K 39/395
A61K 9/08
A61K 47/04
A61K 47/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.982K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Stable antibody compositions and injection preparations
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 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.

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