T 0958/17 () of 14.8.2017

European Case Law Identifier: ECLI:EP:BA:2017:T095817.20170814
Date of decision: 14 August 2017
Case number: T 0958/17
Application number: 08831357.2
IPC class: H04B 7/26
H04J 13/22
H04J 11/00
H04L 5/00
H04J 13/00
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Versions: Unpublished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: Intel Corporation
Opponent name: -
Board: 3.5.03
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. This appeal is against the decision of the examining division refusing European application No. 08831357.2.

II. The appellant filed a notice of appeal on 2 December 2016 and paid the appeal fee the same day. As an auxiliary measure, oral proceedings were requested.

III. With a communication dated 26 April 2017, reception of which was confirmed 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. No reply was received within the given time limit.With a letter dated 7 August 2017, the appellant withdrew its request for oral proceedings.

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 Rule 126(2) 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 is 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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