T 1933/10 27-05-2011
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Methanol plant retrofit for manufacture of acetic acid
I. This is an appeal against the decision of the Opposition Division of the European Patent Office posted 15 July 2010, revoking European Patent No. 1226103.
A notice of appeal on behalf of the patent proprietor was filed by a letter received on 15 September 2010. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.
II. By a communication dated 16 December 2010 sent by registered letter with advice of delivery, the appellant 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. The appellant did not reply to said communication.
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.