T 0340/21 (Stable dispersions/Belenos) 19-07-2021
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Stable dispersions of single and multiple graphene layers in solution
I. The applicant (hereinafter "the appellant") filed on 16 December 2020 an appeal against the examining division's decision dated 23 October 2020, whereby the European patent application No. 09 161 106.1 was refused under Article 97(2) EPC. The appeal fee was paid on the same day. No statement of grounds was filed within the time limit set by Article 108 EPC.
II. By a communication dated 15 April 2021, sent by registered letter with advice of delivery and 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 invited to file observations within two months of notification of the communication. Within this period of time the appellant filed no observations.
1. 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. Since the notice of appeal of 16 December 2020 does not contain any reasoning within the meaning of Rule 99(2) EPC or anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC, a statement of grounds is missing so that the appeal is inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.