| European Case Law Identifier: | ECLI:EP:BA:2003:T057403.20031222 | ||||||||
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| Date of decision: | 22 December 2003 | ||||||||
| Case number: | T 0574/03 | ||||||||
| Application number: | 99933922.9 | ||||||||
| IPC class: | H04B 3/48 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | NETWORK AMPLIFIER MONITORING CIRCUIT | ||||||||
| Applicant name: | ADC Telecommunications, Inc | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.03 | ||||||||
| Headnote: | - | ||||||||
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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 Examining Division of the European Patent Office refusing the European patent application No. 99 933 922.9. The decision was dispatched by registered letter with advice of delivery on 10 December 2002. The applicant filed a notice of appeal by fax received on 19. February 2003 and paid the fee for appeal on the same date. No statement of grounds was received. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.
By a communication dated 10 July 2003 and sent by registered post with advice of delivery, the Registrar of the Board informed the appellant that no statement of grounds has been filed and that the appeal could be expected to be rejected as inadmissible.
The appellant's attention was drawn to the provision concerning the late receipt of documents pursuant to Rule 84a EPC and to the possibility of filing a request for re-establishment of rights under Article 122 EPC. The appellant was invited to file observations within two months.
No answer was 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 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). Rule 84a EPC is no longer applicable.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
