|European Case Law Identifier:||ECLI:EP:BA:1993:T084892.19930112|
|Date of decision:||12 January 1993|
|Case number:||T 0848/92|
|IPC class:||H01L 21/28|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||A method of making a field effect transistor|
|Applicant name:||ITT Industries Inc.|
|Relevant legal provisions:||
|Keywords:||Missing Statement of Grounds|
Summary of Facts and Submissions
I. The appeal contests the decision of the Examining Division of the European Patent Office dated 26 May 1992 refusing the European patent application No. 88 300 021.8. The decision was dispatched by registered letter with advice of delivery on the day it was given. The Appellant filed a notice of appeal on 23 July 1992, and paid the fee for appeal on 24 July 1992. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.
II. In a letter dated 3 September 1992 the Appellant informed the Board that "our client has decided not to proceed with the appeal. Accordingly a written statement of grounds will not be filed". In addition, the Appellant asked whether a refund of the appeal fee was possible.
III. By a communication dated 1 October 1992 sent by registered post, the Registry of the Board informed the Appellant that when the time limit for filing a statement of grounds of appeal expired, a decision as to the inadmissibility of the appeal would be issued and that a refund of the appeal fee, or part of it, would not be possible.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC). The request for refund of the appeal fee is refused, following Decision T 13/82 (OJ EPO 1983, 411).
For these reasons, it is decided that:
The appeal is rejected as inadmissible.
The appeal fee will not be refunded.