| European Case Law Identifier: | ECLI:EP:BA:2009:T164908.20090311 | ||||||||
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| Date of decision: | 11 March 2009 | ||||||||
| Case number: | T 1649/08 | ||||||||
| Application number: | 05005265.3 | ||||||||
| IPC class: | G06F 1/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | A storage system executing encryption and decryption processing | ||||||||
| Applicant name: | Hitachi, Ltd. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.05 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appellant contests the decision of the examining division of the European Patent Office dated 14 March 2008 refusing European patent application No. 05005265.3.
The appellant filed a notice of appeal on 21 May 2008 and paid the appeal fee on the same day. In the notice of appeal a request for oral proceedings was made.
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 2 September 2008, 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.
IV. In a communication dated 4 February 2009, the Board informed the appellant that no statement setting out the grounds of appeal had been received and reminded the appellant of the pending request for oral proceedings.
V. In response to this communication the appellant withdrew its request for oral proceedings on 12 February 2009.
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.
