|European Case Law Identifier:||ECLI:EP:BA:2016:T021816.20160801|
|Date of decision:||01 August 2016|
|Case number:||T 0218/16|
|IPC class:||A61K 39/145
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Influenza Vaccine|
|Applicant name:||GlaxoSmithKline Biologicals S.A.
GlaxoSmithKline Biologicals, Niederlassung der
SmithKline Beecham Pharma GmbH & Co. KG
|Relevant legal provisions:||
|Keywords:||"Admissibility of appeal (no) - missing statement of grounds"|
Summary of Facts and Submissions
I. The appeal is directed against the decision of the Examining Division posted on 6 August 2015 refusing the application.
II. The appellant filed a notice of appeal on 5 October 2015 and paid the appeal fee on the same day.
III. By communication of 5 February 2016, received by the appellant on 17 February 2016, 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 addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds of appeal 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.