| European Case Law Identifier: | ECLI:EP:BA:2002:T085401.20020305 | ||||||||
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| Date of decision: | 05 March 2002 | ||||||||
| Case number: | T 0854/01 | ||||||||
| Application number: | 91911598.0 | ||||||||
| IPC class: | A61K 39/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Swine pneumonia vaccine and method for the preparation thereof | ||||||||
| Applicant name: | AMERICAN CYANAMID COMPANY | ||||||||
| Opponent name: | MERIAL | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing Statement of Grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal contests the decision of the Opposition Division of the European Patent Office posted 28 May 2001, rejecting the opposition pursuant to Article 102(2) EPC.
The Appellant filed a notice of appeal on 24 July 2001 and paid the fee for appeal on the same day.
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 6 December 2001 sent by registered letter with advice of delivery, 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. No answer has been given to the Registry's 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.
