T 1425/22 (No grounds of appeal) 11-01-2023
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Heat exchanger system and method for detecting a relocation of a temperature sensor in a heat exchanger system
I. The appeal is directed against the decision of the opposition division to reject the opposition against the present European patent.
II. The appellant filed a notice of appeal on 3 June 2022 and paid the appeal fee on the same day. No statement setting out the grounds of appeal was received within the time limit provided by Article 108, third sentence, EPC.
III. By communication of 13 September 2022, receipt of which was confirmed 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 informed that any observations had to be filed within two months of notification of the communication.
IV. No reply was received.
1. The appeal is not admissible. It does not comply with the requirements set out in Article 108 EPC.
1.1 No 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.
1.2 In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC and Rule 99(2) EPC.
1.3 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.