| European Case Law Identifier: | ECLI:EP:BA:2009:T236108.20090724 | ||||||||
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| Date of decision: | 24 July 2009 | ||||||||
| Case number: | T 2361/08 | ||||||||
| Application number: | 98304936.2 | ||||||||
| IPC class: | G06F 17/1400 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Digital signal processor architecture optimized for performing fast fourier transforms | ||||||||
| Applicant name: | LUCENT TECHNOLOGIES INC. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing statement of grounds of appeal | ||||||||
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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 4 July 2008 refusing European patent application No. 98304936.2.
The appellant filed a notice of appeal on 5 September 2008 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 2 February 2009, 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.
