T 1172/18 () of 24.1.2019

European Case Law Identifier: ECLI:EP:BA:2019:T117218.20190124
Date of decision: 24 January 2019
Case number: T 1172/18
Application number: 09178256.5
IPC class: H02M 7/5387
H02P 9/00
H02J 3/40
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Electrical System And Control Method
Applicant name: General Electric Company
Opponent name: ABB Schweiz AG
Board: 3.5.02
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: "Missing statement of grounds"
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Opposition Division of 15 January 2018, posted on 27 February 2018.

II. The appellant filed a notice of appeal on 8 May 2018 and paid the appeal fee on the same day.

III. By communication of 23 July 2018, 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.

V. On 18 January 2019 the appellant withdrew its former request for oral proceedings.

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.

Quick Navigation