T 0735/10 () of 13.10.2010

European Case Law Identifier: ECLI:EP:BA:2010:T073510.20101013
Date of decision: 13 October 2010
Case number: T 0735/10
Application number: 03813545.5
IPC class: A61K 31/663
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: High dose inandronate formulation
Applicant name: F. Hoffmann-La Roche AG
Opponent name: Teva Pharmaceutical Industries Ltd.
Generics [UK] Limited
Synthon B.V.
Board: 3.3.02
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 decision of the Opposition Division of the European Patent Office dispatched by registered letter with advice of delivery on 28 January 2010, and concerning maintenance of the European patent No. 1596870 in amended form.

The Appellant (Opponent 02) filed a Notice of Appeal by a letter received on 7 April 2010 and paid the fee for appeal on 8 April 2010. No Statement of Grounds was filed. The Notice of Appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 14 July 2010, sent by registered post, the Registrar of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. No answer has been given within the given time limit to the Registry's communication.

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 (Article 108 EPC in conjunction with Rule 101(1) EPC (formerly Rule 65(1) EPC 1973)).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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