T 2463/13 () of 21.1.2015

European Case Law Identifier: ECLI:EP:BA:2015:T246313.20150121
Date of decision: 21 January 2015
Case number: T 2463/13
Application number: 06254615.5
IPC class: H05H 1/34
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 234.556K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Plasma torch electrode with improved insert configurations
Applicant name: Hypertherm, Inc.
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: -


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal of the patent proprietor is directed against the interlocutory decision of the opposition division dated 11 October 2013 to maintain the patent in amended form.

II. The appellant filed a notice of appeal on 10 December 2013 and paid the appeal fee on the same day. The appellant announced that "Details of the sets of claims which the patentee requests are considered in the appeal will be provided with the Grounds of Appeal".

III. No statement of grounds of appeal was filed within the four-month time limit provided for in Article 108 EPC.

IV. By a communication dated 6 May 2014 sent by registered letter with advice of delivery, the Board informed the appellant 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 would have to be filed within two months of notification of the communication.

V. 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 EPC, third sentence. In addition, the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 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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