T 2508/11 (Synthesis of DNA/WISCONSIN) of 4.3.2013

European Case Law Identifier: ECLI:EP:BA:2013:T250811.20130304
Date of decision: 04 March 2013
Case number: T 2508/11
Application number: 02737017.0
IPC class: C12Q 1/68
C07H 21/04
C12N 15/11
C07H 19/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 91 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method for the synthesis of DNA sequences using photo-liable linkers
Applicant name: Wisconsin Alumni Research Foundation
Opponent name: febit holding GmbH
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing statement of grounds of appeal
Appeal inadmissible (yes)


Cited decisions:
T 1042/07
Citing decisions:

Summary of Facts and Submissions

I. The patent proprietor (appellant) filed on 28 November 2011 a notice of appeal against the decision of the opposition division dated 19 September 2011, whereby the European patent No. 1 392 868 (European application No. 02737017.0) entitled "Methods for the synthesis of DNA sequences using photo-labile linkers" was maintained in amended form on the basis of auxiliary request 3 filed at the oral proceedings of 21 July 2011. The appeal fee was paid on the same day. No statement of grounds of appeal was filed within the time limit set by Article 108 EPC.

II. By a communication dated 20 February 2012 sent by registered letter with advice of delivery, the appellant 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, and Rule 101(1) EPC. The appellant was invited to file observations within two months. The appellant did not reply to said communication, and no request for re-establishment of rights was filed.

Reasons for the Decision

1. As no written statement setting out the grounds of appeal has been filed, and as the notice of appeal does not contain any statements that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC.

2. Since the appellant has not provided any statement as to the substantive merits of its appeal, has not given any explanation or comments as to why no statement of grounds had been filed, and has not reacted to the Board's notification of an impeding rejection of the appeal as inadmissible, the Board considers the initial auxiliary request for oral proceedings to have become obsolete as a consequence of the subsequent course of action taken. The lack of any response to the Board's notification is considered to be equivalent to an abandonment of the request for oral proceedings (see T 1042/07 of 22 August 2008, point 3 of the Reasons).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation