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T 0653/11 () of 12.4.2011

European Case Law Identifier: ECLI:EP:BA:2011:T065311.20110412
Date of decision: 12 April 2011
Case number: T 0653/11
Application number: 02758942.3
IPC class: A61B 8/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.512K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Three-dimensional tissue hardness imaging
Applicant name: Stichting voor de Technische Wetenschappen
Opponent name: -
Board: 3.2.02
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 appellant (applicant) appealed against the decision of the Examining Division dated 4 October 2010 refusing the European Patent application No. 02 758 942.3.

II. The notice of appeal was received on 1 December 2010 and the appeal fee was paid 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.

III. In a communication dated 28 March 2011 sent by registered post with advice of delivery, the Board informed the appellant that no statement of grounds of appeal had been filed and that, as a consequence, it was to be 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.

IV. The communication was notified on 31 March 2011.

V. In a letter dated 5 April 2011 and filed by fax on the same day, the representative of the applicant informed the Board that the applicant does not desire to proceed.

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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