T 1072/10 () of 2.2.2011

European Case Law Identifier: ECLI:EP:BA:2011:T107210.20110202
Date of decision: 02 February 2011
Case number: T 1072/10
Application number: 97944026.0
IPC class: F41H 5/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.573K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Ceramic bodies for use in composite armor
Applicant name: Cohen, Michael
Opponent name: Plasan Sasa Ltd.
Rafael Armament Development Authority/Plasan-Sasa
Board: 3.2.03
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 2 March 2010, concerning maintenance of European patent No. 929788 in amended form.

The appellant (opponent 1) filed a notice of appeal on 12 May 2010 and paid the appeal fee on the same day.

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 24 August 2010, 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.

III. The appellant filed no observations in response to this 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 2000).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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