T 2136/21 02-05-2022
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Immunogenic combinations
I. The appeal of the applicant (appellant) is directed against the examining division's decision refusing European patent application No. 15 733 370.9, posted on 18 June 2021.
II. The appellant filed a notice of appeal on 25 August 2021, and paid the appeal fee on the same day. No statement of grounds of appeal was filed within the time limit provided by Article 108 EPC in conjunction with Rule 126(2) EPC.
III. By a communication dated 14 December 2021, receipt of which was confirmed by the appellant, the registry of the board informed the appellant that it appeared from the file that no written 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 of notification of the communication.
IV. No observations were received in response to said communication.
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. Furthermore, the notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC and
Rule 99(2) EPC. The appeal therefore has to be rejected as inadmissible (Rule 101(1) EPC).
For these reasons it is decided that:
The appeal is rejected as inadmissible.