T 0015/21 (Missing grounds/QUALCOMM) 23-04-2021
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Creating and utilizing a context
I. The appeal is directed against the decision of the examining division to refuse the present European patent application for insufficiency of disclosure (Article 83 EPC).
II. The appellant filed a notice of appeal on 15 September 2020 and paid the appeal fee on the same day.
III. By communication of 19 January 2021, receipt 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.
1. Admissibility of the appeal (Article 108 EPC)
1.1 No written statement of grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC.
1.2 In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC and Rule 99(2) EPC.
1.3 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.