T 1867/08 (Quantification of methylated DNA/EPIGENOMICS AG) of 30.3.2009

Summary of Facts and Submissions

I. The appeal contests the decision of the Examining Division of the European Patent Office dated 8 April 2008 concerning refusal the European Patent application No. 05 737 974.5.

II. The appellant (applicant) filed a notice of appeal on 2 June 2008 and paid the fee for appeal on the same day.

III. No statement of grounds was filed by the appellant. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

IV. By communication dated 2 October 2008, 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; further, the appellant was requested to make clear if the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal has not been filed.

V. The appellant, by letter dated 14 November 2008, stated that the auxiliary request for oral proceedings was not intended to apply to the question of inadmissibility of the appeal as a consequence of the fact that a written statement of grounds of appeal has not been filed.

Reasons for the Decision

As no written statement setting out the grounds of appeal had been filed, the appeal has to be rejected as inadmissible (Rule 101(1) EPC in conjunction with Article 108 EPC).

ORDER

For these reasons it is decided that:

The appeal is rejected as inadmissible.