| European Case Law Identifier: | ECLI:EP:BA:2003:T064203.20031203 | ||||||||
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| Date of decision: | 03 December 2003 | ||||||||
| Case number: | T 0642/03 | ||||||||
| Application number: | 99916421.3 | ||||||||
| IPC class: | G01R 33/28 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Pharmacological MRI (PHMRI) | ||||||||
| Applicant name: | THE GENERAL HOSPITAL CORPORATION, et al | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing Statement of Grounds | ||||||||
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Summary of Facts and Submissions
I. The appeal lies from the decision of the examining division dated 24 February 2003 refusing the European patent application No. 99 916 421.3 (publication No. EP-A-1 070 262). The appellant filed a notice of appeal by a letter received on 18. April 2003 and paid the fee for appeal on the same day. No statement setting out the grounds of appeal pursuant to Article 108 EPC was filed. The notice of appeal also contains nothing that could be regarded as such.
II. By a communication dated 18 August 2003 sent by registered letter with advice of delivery, the registry of the board informed the appellant that no statement setting out the grounds of appeal had been filed and that the appeal should be expected to be rejected as inadmissible. The appellant was invited to file observations within two months.
III. No answer has been given to the registry's communication within the set time limit.
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.
