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T 1787/11 () of 27.1.2012

European Case Law Identifier: ECLI:EP:BA:2012:T178711.20120127
Date of decision: 27 January 2012
Case number: T 1787/11
Application number: 04763765.7
IPC class: C08F 210/06
C08F 4/642
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 14.971K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for the preparation of a polyolefin
Applicant name: Lanxess Buna GmbH
Opponent name: -
Board: 3.3.03
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 posted 23.02.11, refusing European patent application No. 04763765.7.

The Appellant filed a Notice of Appeal by letter received on 18.04.11 and paid the fee for appeal on the same day. No statement of grounds was filed. The Notice of Appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. In communications dated 19.08.11, sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was given the opportunity of filing observations within two months and attention was drawn to Article 122 EPC.

III. No answer was given within the given time limit to the Registry's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal contains nothing that could be regarded as Statement of grounds pursuant 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.

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