T 2047/09 (Cell and tissue viability/ECI Biotech) of 16.4.2010

European Case Law Identifier: ECLI:EP:BA:2010:T204709.20100416
Date of decision: 16 April 2010
Case number: T 2047/09
Application number: 04775986.5
IPC class: A61K 38/17
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.148K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Methods for increasing cell and tissue viability
Applicant name: ECI Biotech Inc.
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 28 April 2009 concerning refusal of the European Patent application No. 04 775 986.5.

II. The appellant (applicant) filed a notice of appeal on 30 June 2009 and paid the appeal fee on 8 July 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 20 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; further, the appellant was requested to make clear if the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal had not been filed.

V. The appellant, by letter dated 5 November 2009, confirmed that oral proceedings were not required regarding the question of inadmissibility of the appeal.

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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