T 0049/03 () of 22.7.2003

European Case Law Identifier: ECLI:EP:BA:2003:T004903.20030722
Date of decision: 22 July 2003
Case number: T 0049/03
Application number: 96937904.9
IPC class: C01B 37/04
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Alumina source for non-zeolitic molecular sieves
Applicant name: CHEVRON U.S.A. INC.
Opponent name: ExxonMobil Chemical Patents Inc.
Board: 3.3.05
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 decision of the Opposition Division of the European Patent Office dated 8 October 2002 maintaining European patent No. 0859743 in amended form. The decision was dispatched by registered letters with advice of delivery on 8 October 2002. The opponent filed a notice of appeal by letter dated 12 December 2002, received on 13. December 2002 and paid the fee for appeal on 13 December 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 dated 9 April 2003 and sent by registered post, 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, 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,

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