T 1039/12 27-09-2012
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I. The appeal contests the decision of the Examining Division of the European Patent Office concerning refusal of European patent application No. 04014813.2. The decision was dispatched by registered letter with advice of delivery on 24 November 2011.
The Appellant filed a notice of appeal on 1 February 2012 and paid the appeal fee on the same day.
No statement setting out the grounds of appeal was filed.
II. By a communication dated 10 May 2012 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.
III. No answer has been given to the Registry's communication.
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 a statement of grounds pursuant to Article 108, third sentence, EPC, the appeal has to be rejected as inadmissible (Article 108, third sentence EPC in conjunction with Rule 101(1) EPC).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.