T 0481/11 () of 23.8.2011

European Case Law Identifier: ECLI:EP:BA:2011:T048111.20110823
Date of decision: 23 August 2011
Case number: T 0481/11
Application number: 05711012.4
IPC class: E04H 6/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.145K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A module kit for a mountable and lockable storage container, a container and a cover lock device for said container
Applicant name: CESIUM AB
Opponent name: -
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 decision of the Examining Division of the European Patent Office dated 15 September 2010 refusing the European Patent application No. 05 711 012.4.

The appellant (applicant) filed a notice of appeal on 19 November 2010 and paid the fee for appeal on the same day.

However no statement of grounds of appeal has been filed within the time limit for doing so, nor did the notice of appeal contain anything that might be considered as such statement.

II. By a communication dated 7 March 2011 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, as a consequence, it was expected that the appeal would be rejected as inadmissible.

The appellant was also given a time limit of two months for filing observations starting from the date of notification of said communication.

III. The communication was notified on 11 March 2011. No observations were filed within the given time limit.

Reasons for the Decision

1. According to Article 108 EPC, a statement setting out the grounds of appeal shall be filed within four months of notification of the decision.

2. If the appeal does not comply with Article 108 EPC, the appeal must be rejected as inadmissible (Rule 101(1) EPC). In the present case, no statement of grounds has been filed and consequently the appeal is rejected as inadmissible.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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