T 1334/08 () of 29.10.2008

European Case Law Identifier: ECLI:EP:BA:2008:T133408.20081029
Date of decision: 29 October 2008
Case number: T 1334/08
Application number: 04720452.4
IPC class: B01D 3/14
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Versions: Unpublished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: Low capital implementation of distributed distillation in ethylene recovery
Applicant name: INEOS USA LLC
Opponent name: -
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

The appeal contests the decision of the Examining Division of the European Patent Office posted 30 January 2008, refusing the European patent application No. 04 720 452.4 pursuant to Article 97(2) EPC.

The Appellant filed a notice of appeal on 1 April 2008 and paid the fee for appeal on the same day.

No written statement setting out the grounds of appeal was filed within the four-month time limit provided for in Article 108 EPC.

The notice of appeal does not contain anything that could be regarded as a statement setting out the grounds of appeal pursuant to Article 108 EPC.

No further submissions were filed by the Appellant.

In a communication dated 18 July 2008 sent by registered letter with advice of delivery, 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 pursuant to Article 108 EPC in conjunction with Rule 101(1) EPC.

The Appellant was invited to file observations within two months from notification of the communication.

No answer has been given within the given time limit to the Board's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed and as the notice of appeal does not contain anything that could be regarded as a statement setting out the grounds of appeal according to Article 108 EPC, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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