T 1052/03 () of 16.2.2004

European Case Law Identifier: ECLI:EP:BA:2004:T105203.20040216
Date of decision: 16 February 2004
Case number: T 1052/03
Application number: 00307404.4
IPC class: H03H 9/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 15 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A method of fabricating a zinc oxide based resonator
Applicant name: LUCENT TECHNOLOGIES INC.
Opponent name: -
Board: 3.5.02
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 Examining Decision of the European Patent Office dated 15 May 2003 refusing the European patent application 00307404.4.

II. The Appellant filed a notice of appeal by a letter received on 25 July 2003 and paid the fee for appeal on the same day.

III. 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.

IV. By a communication dated 6 November 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.

V. 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.

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