T 1138/16 () of 24.8.2016

European Case Law Identifier: ECLI:EP:BA:2016:T113816.20160824
Date of decision: 24 August 2016
Case number: T 1138/16
Application number: 06748263.8
IPC class: H01L 21/8238
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 220 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Texas Instruments Incorporated
Opponent name: -
Board: 3.4.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
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 appeal is directed against the refusal of European patent application No. 06748263.8 posted on 24 November 2015.

II. The appellant filed a notice of appeal on 4 February 2016 and paid the appeal fee on the same day. No separate statement of grounds of appeal was filed.

III. By communication of 17 May 2016, sent by registered letter with advice of delivery, 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. No request for re-establishment of rights was filed.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal according to Article 108, third sentence, and Rule 99(2) EPC, the appeal has to be rejected as inadmissible (Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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