T 0692/01 () of 22.3.2002

European Case Law Identifier: ECLI:EP:BA:2002:T069201.20020322
Date of decision: 22 March 2002
Case number: T 0692/01
Application number: 92810395.1
IPC class: A01N 49/00
Language of proceedings: EN
Distribution: D
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Versions: Unpublished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: Flea control method
Applicant name: Novartis AG, et al
Opponent name: Bayer AG
Board: 3.3.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
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 pronounced on 21. March 2001 revoking the European patent No. 0 516 590. The decision was dispatched by registered letter with advice of delivery on 25 April 2001. The opponent filed a notice of appeal by letter dated 23 May 2001, received on 21 June 2001, and paid the fee for appeal on 21 June 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 7 December 2001 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).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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