T 0004/15 () of 31.7.2015

European Case Law Identifier: ECLI:EP:BA:2015:T000415.20150731
Date of decision: 31 July 2015
Case number: T 0004/15
Application number: 03764535.5
IPC class: G06F 17/60
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 216.854K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Privaris, Inc.
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 25 July 2014 refusing European patent application No. 03764535.5.

The appellant filed a notice of appeal on 24 September 2014 and paid the appeal fee on the same day.

The notice of appeal contained an auxiliary request for oral proceedings.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such a statement.

II. In a communication dated 9 January 2015, the Board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

III. The appellant filed no observations in response to said communication.

In a letter dated 16 June 2015 the appellant declared that the request for oral proceedings did not apply to admissibility of the appeal in these circumstances of the lack of filing of the grounds of appeal.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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