T 1251/22 (Missing statement of grounds/GORNY) of 24.8.2022

European Case Law Identifier: ECLI:EP:BA:2022:T125122.20220824
Date of decision: 24 August 2022
Case number: T 1251/22
Application number: 16804128.3
IPC class: G06F 17/20
G06Q 30/00
G06Q 30/02
H04M 1/64
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 229 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Gorny, Tomas
Opponent name: -
Board: 3.5.07
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - (no)
Admissibility of appeal - missing statement of grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal is directed against the decision of the examining division to refuse European patent application No. 16 804 128.3, posted on 9 December 2021.

II. The appellant filed a notice of appeal on 18 February 2022 and paid the appeal fee on the same day.

III. By communication of 24 May 2022, which was delivered via the EPO Mailbox, 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 within the deadline set.

Reasons for the Decision

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. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 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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