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T 1950/13 (Toll-like receptor/The Institute for Systems Biology) of 25.4.2014

European Case Law Identifier: ECLI:EP:BA:2014:T195013.20140425
Date of decision: 25 April 2014
Case number: T 1950/13
Application number: 01274166.6
IPC class: C07K 14/255
C12N 15/31
A61K 39/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 206.394K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Toll-like receptor 5 ligands and methods of use
Applicant name: The Institute for Systems Biology
Opponent name: GlaxoSmithKline Biologicals s.a.
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 directed against the decision of the Opposition Division of 16 April 2013, posted on 12 July 2013.

II. The appellant filed a notice of appeal on 10 September 2013 and paid the appeal fee on the same day.

III. By communication of 5 December 2013, 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. No reply was received.

Reasons for the Decision

No written statement setting out the grounds of appeal was 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.

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