| European Case Law Identifier: | ECLI:EP:BA:2009:T207908.20090216 | ||||||||
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| Date of decision: | 16 February 2009 | ||||||||
| Case number: | T 2079/08 | ||||||||
| Application number: | 00957674.5 | ||||||||
| IPC class: | A61K 9/16 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Modulation of release from dry powder formulations | ||||||||
| Applicant name: | Advanced Inhalation Research, Inc. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal contests the decision of the Examining Division of the European Patent Office dispatched by registered letter with advice of delivery on 1 April 2008, refusing European application No. 00957674.5.
The Appellant (Applicant) filed a Notice of Appeal by a letter received on 7 May 2008 and paid the fee for appeal on 6 May 2008. 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.
II. By a communication dated 6 November 2008, sent by registered post, the Registrar of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.
III. No answer has been given within the given time limit to the Registry's communication.
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC (formerly Rule 65(1) EPC 1973)).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
