| European Case Law Identifier: | ECLI:EP:BA:2002:T110201.20020111 | ||||||||
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| Date of decision: | 11 January 2002 | ||||||||
| Case number: | T 1102/01 | ||||||||
| Application number: | 97117412.3 | ||||||||
| IPC class: | F02B 27/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Internal combustion engine with an intake passage of variable volume | ||||||||
| Applicant name: | YAMAHA HATSUDOKI KABUSHIKI KAISHA | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.2.04 | ||||||||
| 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 Examining Division of the European Patent Office dispatched by registered letter with advice of delivery to the Applicant on 11 April 2001, and concerning the refusal of the European patent application No. 97 117 412.3.
The Appellant filed a Notice of Appeal by a letter received on 24 April 2001 and paid the appeal fee on the same day. No statement setting out the grounds of appeal was filed. The Notice of Appeal contains nothing that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC.
II. By a communication dated 17 October 2001, sent by registered post, the Registrar of the Board informed the Appellant that no statement setting out the grounds of appeal has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was informed about the possibility of filing a request for re-establishment of rights under Article 122 EPC and was invited to file observations within two months.
III. No answer has been given within the given time limit 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.
