T 1271/12 (Missing Statement of Grounds) of 10.12.2012

European Case Law Identifier: ECLI:EP:BA:2012:T127112.20121210
Date of decision: 10 December 2012
Case number: T 1271/12
Application number: 05777620.5
IPC class: H04N 1/387
G06K 9/36
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 207.306K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Opponent name: -
Board: 3.5.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007) Sent 3
European Patent Convention R 101(1)
European Patent Convention R 99(2)
European Patent Convention R 126(2)
Keywords: Admissibility of appeal - statement of grounds (not filed)


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the examining division posted on 22 December 2011.

II. The appellant filed a notice of appeal on 21 February 2012 and paid the appeal fee on the same day. The appellant requested that the decision of the examining division be set aside and that a patent be granted on the basis of the claims filed on 19 January 2011. Oral proceedings were requested for the case that the board could not set aside the decision under appeal.

III. By communication of 25 June 2012, received by the appellant, the registry of the board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.

IV. With a letter dated 7 December 2012 the appellant withdrew its request for oral proceedings. No further reply has been received.

Reasons for the Decision

No written statement setting out the grounds of appeal has been filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation