T 1006/99 () of 18.5.2000

European Case Law Identifier: ECLI:EP:BA:2000:T100699.20000518
Date of decision: 18 May 2000
Case number: T 1006/99
Application number: 90301335.7
IPC class: C07D 473/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 14 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Substituted -1,3-oxathiolanes with antiviral properties
Applicant name: BIOCHEM PHARMA INC.
Opponent name: Emory University
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office dated 23 August 1999 rejecting the opposition filed against the European patent No. 0 382 526. The decision was dispatched by registered letters with advice of delivery on 23 August 1999. The opponent filed a notice of appeal by letter dated 2 November 1999, received on 2. November 1999, and paid the fee for appeal on the same date. No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 3 February 2000 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. The Appellant filed no observations in response to said communication.

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).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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