T 0644/02 () of 9.1.2003

European Case Law Identifier: ECLI:EP:BA:2003:T064402.20030109
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
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Versions: Unpublished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: 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: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 78(2)
European Patent Convention 1973 R 65(1)
Keywords: The appeal has to be rejected as inadmissible Rule 65(1) EPC
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

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.

Quick Navigation