| European Case Law Identifier: | ECLI:EP:BA:2011:T003711.20110705 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 05 July 2011 | ||||||||
| Case number: | T 0037/11 | ||||||||
| Application number: | 01119061.8 | ||||||||
| IPC class: | G11B 7/007 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Recording medium and recording medium master, and method of manufacturing recording medium | ||||||||
| Applicant name: | Sony Corporation | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.04 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Form of appeal - missing statement of grounds | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Summary of Facts and Submissions
I. The appellant contests the decision of the examining division dated 20 July 2010 refusing European patent application No. 01 119 061.8.
II. The appellant filed a notice of appeal received on 28 September 2010 and paid the appeal fee on the same day. No statement of grounds of appeal was received.
III. In a communication dated 20 January 2011 sent by registered post with advice of delivery, the board informed the appellant that no statement of grounds of appeal had been received and that it was to be expected that the appeal would be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.
IV. No observations were filed.
Reasons for the Decision
1. Article 108 EPC requires that a statement setting out the grounds of appeal shall be filed within four months of notification of the decision. Pursuant to Rule 101(1) EPC the appeal shall be rejected as inadmissible if it does not comply with Article 108 EPC.
2. In the present case no document was filed by the appellant which could be regarded as a statement setting out the grounds of appeal. Consequently the appeal has to be rejected as inadmissible.
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
