T 1097/16 () of 4.8.2017

European Case Law Identifier: ECLI:EP:BA:2017:T109716.20170804
Date of decision: 04 August 2017
Case number: T 1097/16
Application number: 10720507.2
IPC class: B23Q 17/20
B23Q 17/24
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 229 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: The Boeing Company
Opponent name: Airbus Defence and Space GmbH
Lufthansa Technik AG
Sauer GmbH
Airbus Operations GmbH
Board: 3.2.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
European Patent Convention R 126(2)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeals are directed against the decision of the Opposition Division of 18 February 2016, posted on 4 March 2016.

II. The appellant 01 (opponent 01) filed a notice of appeal on 3 May 2016 and paid the appeal fee on the same day.

The appellant 02 (opponent 04) filed a notice of appeal on 4 May 2016 and paid the appeal fee on the same day.

III. By communication of 17 August 2016, received by the appellants, the Registry of the Board informed the appellants that it appeared from the file that the written statement of grounds had not been filed, and that it was therefore to be expected that the appeals would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellants were 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

1. 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.

2. In addition, neither the notices 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.

3. Therefore, the appeals have to be rejected as inadmissible (Rule 101(1) EPC).


For these reasons it is decided that:

The appeals of opponent 01 and opponent 04 are rejected as inadmissible.

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