T 0851/21 () of 24.9.2021

European Case Law Identifier: ECLI:EP:BA:2021:T085121.20210924
Date of decision: 24 September 2021
Case number: T 0851/21
Application number: 15826285.7
IPC class: H04N 21/2343
H04N 21/2347
H04N 21/6334
H04N 21/845
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 230 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: DISH Technologies L.L.C.
Opponent name: -
Board: 3.5.04
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 100(1)
Keywords: "Missing statement of grounds of appeal"


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

1. The appeal is against the decision of the examining division posted 16 November 2020 to refuse European patent application No. 15 826 262.6 pursuant to Article 97(2) EPC.

2. The applicant (appellant) filed notice of appeal on 13 January 2021 and paid the fee for appeal on the same day.

3. By communication dated 21 June 2021 sent by registered letter with advice of delivery, the registrar 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 from notification of the communication.

4. No reply was received.

Reasons for the Decision

No written statement setting out the grounds of appeal was filed within the period 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 of appeal pursuant to Article 108, third sentence, 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.

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