T 0152/17 () of 3.8.2017

European Case Law Identifier: ECLI:EP:BA:2017:T015217.20170803
Date of decision: 03 August 2017
Case number: T 0152/17
Application number: 09740140.0
IPC class: C08G 65/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 225 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: IMPROVED PROCESS FOR PREPARING A POLY(ARYL ETHER KETONE) USING A HIGH PURITY 4,4'-DIFLUOROBENZOPHENONE
Applicant name: Solvay Specialty Polymers USA, LLC.
Opponent name: Victrex Manufacturing Limited
Evonik Degussa GmbH
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds
Oral proceedings - no
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Opposition Division of 6 October 2016, posted on 8 November 2016.

II. The appellant filed a notice of appeal on 3 January 2017 and paid the appeal fee on the same day.

III. By communication of 4 April 2017, 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 conjunction with Rule 126(2) 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.

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