T 0316/21 () of 11.8.2021

European Case Law Identifier: ECLI:EP:BA:2021:T031621.20210811
Date of decision: 11 August 2021
Case number: T 0316/21
Application number: 06816769.1
IPC class: H01L 29/87
H01L 29/74
H01L 29/06
H01L 27/02
H01L 21/329
H03K 17/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 237 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Texas Instruments Incorporated
Opponent name: -
Board: 3.4.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007)
European Patent Convention R 99(2) (2007)
European Patent Convention R 101(1) (2007)
Keywords: Admissibility of appeal - missing statement of grounds


Cited decisions:
T 1042/07
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the refusal of European

patent application No. 06816769.1 posted on

27 October 2020.

II. The appellant filed a notice of appeal on 6 January 2021 and paid the appeal fee on the same day. While the notice of appeal contained a request for oral proceedings, no separate statement of grounds of appeal was filed.

III. By a communication dated 13 April 2021, sent by

registered letter with advice of delivery, the appellant was informed that no statement of grounds

of appeal had 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 invited to file observations within two months.

IV. No reply was received. No request for re-establishment

of rights was filed.

Reasons for the Decision

As no written statement setting out the grounds of appeal has

been filed and as the notice of appeal does not contain

anything that could be regarded as a statement of grounds of

appeal according to Article 108, third sentence, and Rule 99(2)

EPC, the appeal has to be rejected as inadmissible (Article

108, third sentence, EPC in conjunction with Rule 101(1) EPC).

In accordance with case law, namely decision T 1042/07 of

22 August 2008, the request for oral proceedings is deemed withdrawn or superseded by the subsequent failure to react to

the Board's communication:

"In the specific circumstances of the present case,

where the appellant has not provided any statement as

to the substantive merits of its appeal, has not given

any explanation or comment as to why no statement of

grounds had been filed, and has not reacted in

substance to the Board's notification of an impending

rejection of the appeal as inadmissible, the Board

considers the initial auxiliary request for oral

proceedings to have become obsolete as a consequence of

the subsequent course of action taken. In other words,

the lack of any substantive response to the

notification of the inadmissibility of the appeal is

considered as equivalent to an abandonment of the

request for oral proceedings."

For the above reason, the decision could be rendered without

oral proceedings.


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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