T 1631/16 (Serratia/OLMSTEAD) of 12.1.2017

European Case Law Identifier: ECLI:EP:BA:2017:T163116.20170112
Date of decision: 12 January 2017
Case number: T 1631/16
Application number: 10832364.3
IPC class: A61K 38/48
A61K 38/36
A61K 38/43
A61K 9/70
A61P 27/16
A61P 19/00
A61K 31/352
A61K 36/82
A61K 9/00
A61K 38/40
A61K 38/47
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 220.547K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Compositions and methods comprising Serratia peptidase for inhibition and treatment of biofilms related to certain conditions
Applicant name: Olmstead, Stephen F.
Opponent name: -
Board: 3.3.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: "Missing statement of grounds"


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the European Patent Office posted on 27 January 2016 refusing European patent application No. 10832364.3

II. The appellant filed a notice of appeal on 6 April 2016 and paid the appeal fee on the same day.

III. By communication of 18 July 2016, received by the appellant, 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. The appellant filed no observations in response to said communication.

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 conjunction with Rules 126(2) and 131 EPC. In addition, neither the notice 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. 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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