T 1215/19 (Missing grounds of appeal) 20-12-2019
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I. The appeal is directed against the decision of the Examining Division posted on 15 November 2018 refusing European patent application No. 00307694.0.
II. The appellant filed a notice of appeal on 25 January 2019 and paid the appeal fee on the same day. While the notice of appeal contained a request, it contained nothing that could be interpreted as grounds of appeal.
III. By communication of 29 April 2019, duly 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. With letter dated 9 July 2019, the appellant requested oral proceedings "in respect of the issue of inadmissibility of the appeal".
V. Oral proceedings were accordingly scheduled for 20 December 2019. On 18 December 2018, the appellant withdrew its request for oral proceedings. Oral proceedings were thereupon cancelled.
As 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, 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.