T 0782/11 (Fish vaccine/NOVARTIS) of 10.1.2012

European Case Law Identifier: ECLI:EP:BA:2012:T078211.20120110
Date of decision: 10 January 2012
Case number: T 0782/11
Application number: 00949768.6
IPC class: A61K 39/106
A61K 39/102
A61K 39/02
C12N 1/20
C07K 16/12
A61P 31/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15.459K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: FISH VACCINE
Applicant name: Novartis AG
Novartis Pharma GmbH
Opponent name: Intervet International BV
Board: 3.3.04
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 is against the decision of the Opposition Division of the European Patent Office dated 31 January 2011 concerning maintenance of European Patent No. 1 200 121 in amended form.

II. The appellant (opponent O1) filed a notice of appeal on 29 March 2011 and paid the fee for appeal on 30 March 2011.

III. No statement of grounds was filed by the appellant. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

IV. By communication dated 19 July 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 the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.

V. No observations were filed by the appellant within two months.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Rule 101(1) EPC in conjunction with Article 108 EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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