| European Case Law Identifier: | ECLI:EP:BA:2015:T201914.20150922 | ||||||||
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| Date of decision: | 22 September 2015 | ||||||||
| Case number: | T 2019/14 | ||||||||
| Application number: | 09175437.4 | ||||||||
| IPC class: | C07K 16/24 C12N 15/13 C12N 15/63 C12N 5/10 C07K 16/00 A61K 39/395 G01N 33/577 C12P 21/08 A61P 43/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Human antibodies that bind human IL-12 and methods for producing | ||||||||
| Applicant name: | AbbVie Deutschland GmbH & Co KG | ||||||||
| Opponent name: | Janssen Biotech, Inc./Opposition withdrawn | ||||||||
| Board: | 3.3.04 | ||||||||
| 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 appeal is directed against the decision of the opposition division of 19 September 2014, posted on 10 October 2014, revoking the patent.
II. The appellant filed a notice of appeal on 3 October 2014 and paid the appeal fee on the same day.
III. By communication of 25 March 2015, received by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the written statement of grounds of appeal had not been filed, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.
IV. No reply was received.
Reasons for the Decision
No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC. In addition, neither the notice of appeal nor any other document filed contains anything that could be regarded as a statement of grounds pursuant to Article 108 EPC and Rule 99(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.
