T 1601/07 (Missing "Statement of grounds") of 13.3.2008

European Case Law Identifier: ECLI:EP:BA:2008:T160107.20080313
Date of decision: 13 March 2008
Case number: T 1601/07
Application number: 97306297.9
IPC class: G02B 6/12
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Versions: Unpublished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: Optical planar waveguide notch filters
Applicant name: Lucent Technologies Inc.
Opponent name: -
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: -
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appellant contests the decision of the examining division of the European Patent Office dated 4 April 2007 refusing European patent application No. 97306297.9.

The appellant filed a notice of appeal on 12 June 2007 and paid the appeal fee on the same day.

A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

II. In a communication dated 27 September 2007, the Board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed 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 was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

Quick Navigation