T 0226/11 () of 1.9.2011

European Case Law Identifier: ECLI:EP:BA:2011:T022611.20110901
Date of decision: 01 September 2011
Case number: T 0226/11
Application number: 05110196.2
IPC class: G01V 5/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.505K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Electronic system and method for the recognition of materials
Applicant name: GILARDONI S.p.A.
Opponent name: Smiths Heimann GmbH
Board: 3.4.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Appeal inadmissible - no statement of the grounds of appeal


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. This is an appeal against the revocation of European patent No. 1653253 posted 25 November 2010.

A notice of appeal on behalf of the appellant proprietor was filed on 25 January 2011. The appeal fee was paid on the same day. No separate statement of grounds of appeal was filed.

II. By a communication dated 02 May 2011 sent by registered letter with advice of delivery, the appellant proprietor 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 respondent opponent on the same day for information.

III. No answer has been given to the communication within the time limit. No request for re-establishment of rights was filed.

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, third sentence, 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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