| European Case Law Identifier: | ECLI:EP:BA:2004:T044203.20040112 | ||||||||
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| Date of decision: | 12 January 2004 | ||||||||
| Case number: | T 0442/03 | ||||||||
| Application number: | 94112728.4 | ||||||||
| IPC class: | G01N 21/64 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Monitoring multiple reactions simultaneously and analyzing same | ||||||||
| Applicant name: | Applera Corporation | ||||||||
| Opponent name: | 3-Dimensional Pharmaceuticals, Inc. Bio-Rad Laboratories, Inc. |
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| Board: | 3.4.02 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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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 Opposition Division of the European Patent Office dated 11 February 2003, revoking the European patent No. 0 640 828 pursuant to Article 102(1) EPC.
The Appellant (Patent Proprietor) filed a notice of appeal on 16 April 2003 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 24 July 2003 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.
III. No answer has been received 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.
