| European Case Law Identifier: | ECLI:EP:BA:2002:T044101.20020122 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 22 January 2002 | ||||||||
| Case number: | T 0441/01 | ||||||||
| Application number: | 95903462.0 | ||||||||
| IPC class: | C07C 69/716 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Process for the preparation of 5-formylvaleric acid and 5-formylvalerate ester | ||||||||
| Applicant name: | DSM N.V., et al | ||||||||
| Opponent name: | BASF Aktiengesellschaft Patente, Marken und Lizenzen | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Missing Statement of Grounds | ||||||||
| Catchwords: |
- |
||||||||
| 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 16. February 2001 rejecting the opposition filed against the European patent No. 0 737 180. The decision was dispatched by registered letters with advice of delivery on 16 February 2001. The opponent filed a notice of appeal by telefax dated 20 April 2001, received on 20 April 2001, and paid the fee for appeal on 20 April 2001. 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 25 October 2001 and sent by registered post, the Registry of the Board informed the Appellant that no Statement of Grounds had 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).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
