European Case Law Identifier: | ECLI:EP:BA:2003:T064402.20030109 | ||||||||
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Date of decision: | 09 January 2003 | ||||||||
Case number: | T 0644/02 | ||||||||
Application number: | 94925396.7 | ||||||||
IPC class: | G21C 1/00 | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | D | ||||||||
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Title of application: | An energy amplifier for "clean" nuclear energy production driven by a particle beam accelerator | ||||||||
Applicant name: | Rubbia, Carlo | ||||||||
Opponent name: | FRAMATOME | ||||||||
Board: | 3.4.01 | ||||||||
Headnote: | - | ||||||||
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Keywords: | The appeal has to be rejected as inadmissible Rule 65(1) EPC | ||||||||
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Summary of Facts and Submissions
I. The appeal contests the decision of the opposition division maintaining the European patent No. 0 725 967 in amended form. The decision was dispatched by registered letter with advice of delivery on 5 April 2002.
The patent proprietor filed a notice of appeal by letter dated 14 June 2002, received at the EPO the same day and also paid the appeal fee on 14 June 2002. 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 sent by registered letter with advice of delivery on 25 September 2002, 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 within the time limit provided by Article 108 EPC in conjunction with Rule 78(2) EPC, the appeal has to be rejected as inadmissible (Rule 65(1) EPC).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.