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T 1436/10 () of 24.3.2011

European Case Law Identifier: ECLI:EP:BA:2011:T143610.20110324
Date of decision: 24 March 2011
Case number: T 1436/10
Application number: 00946239.1
IPC class: C07C 69/732
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.717K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: LEK Pharmaceuticals d.d.
Opponent name: STADA Arzneimittel AG
Harrison Goddard Foote
Board: 3.3.10
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. This is an appeal against the interlocutory decision of the Opposition Division of the European Patent Office posted 26 April 2010 concerning maintenance of the European Patent No. 1200385 in amended form.

A notice of appeal on behalf of the appellant patentee was filed on 5 July 2010. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.

II. By a communication dated 1 October 2010 sent by registered letter with advice of delivery, the appellant patentee was informed that no statement of grounds of appeal had been filed and that, therefore, it was to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was invited to file observations within two months. A copy of the communication was sent to the respondents I and II (opponents 01 and 02, respectively) on the same day for information.

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

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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