|European Case Law Identifier:||ECLI:EP:BA:2018:T111318.20181026|
|Date of decision:||26 October 2018|
|Case number:||T 1113/18|
|IPC class:||C07K 16/28
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||ANTI-HUMAN FOLATE RECEPTOR BETA ANTIBODIES AND METHODS OF USE|
|Applicant name:||Purdue Research Foundation
The United States of America, as represented by
The Secretary, Department of Health and
|Relevant legal provisions:||
|Keywords:||Admissibility of appeal - missing statement of grounds|
Summary of Facts and Submissions
I. The appeal is directed against the decision of the Examining Division of 19 October 2017, posted on 6 November 2017, to refuse European patent application No. 11 824 164.5 .
II. The appellants filed a notice of appeal on
11 January 2018 and paid the appeal fee on the same day.
III. By communication of 8 May 2018, 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. 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 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 has to be rejected as inadmissible (Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.