T 0582/02 () of 27.1.2003

European Case Law Identifier: ECLI:EP:BA:2003:T058202.20030127
Date of decision: 27 January 2003
Case number: T 0582/02
Application number: 94100442.6
IPC class: A01H 4/00
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Versions: Unpublished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: Improvements in somatic embryogenesis
Applicant name: Syngenta Participations AG
Opponent name: Monsanto Company
Board: 3.3.04
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 interlocutory decision of the Opposition Division of the European Patent Office dated 3. April 2002 concerning maintenance of European Patent No. 0 608 716 in amended form.

The appellant (opponent) filed a notice of appeal on 3. June 2002 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 17 September 2002 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. Attention was also drawn to Article 122 EPC.

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 (Rule 65(1) EPC in conjunction with Article 108 EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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