| European Case Law Identifier: | ECLI:EP:BA:2016:T186315.20160428 | ||||||||
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| Date of decision: | 28 April 2016 | ||||||||
| Case number: | T 1863/15 | ||||||||
| Application number: | 07803334.7 | ||||||||
| IPC class: | A61K 39/13 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | COMBINATION VACCINE HAVING REDUCED POLIO VIRUS ANTIGEN QUANTITIES | ||||||||
| Applicant name: | GlaxoSmithKline Biologicals s.a. | ||||||||
| Opponent name: | Novartis Vaccines and Diagnostics, Inc. (withdrawn) SANOFI PASTEUR SA (withdrawn) Crucell Holland B.V. |
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| Board: | 3.3.04 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Admissibility of appeal - missing statement of grounds | ||||||||
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Summary of Facts and Submissions
I. The appeal is directed against the decision of the opposition division posted on 22 July 2015 revoking European patent No. 2 097 102.
II. The patent proprietor (appellant) filed a notice of appeal on 22 September 2015 and paid the appeal fee on the same day.
III. By communication of 8 January 2016, 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
1. No written statement setting out the grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC.
2. 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.
