| European Case Law Identifier: | ECLI:EP:BA:2018:T129318.20181130 | ||||||||
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| Date of decision: | 30 November 2018 | ||||||||
| Case number: | T 1293/18 | ||||||||
| Application number: | 07776655.8 | ||||||||
| IPC class: | G06Q 10/00 G06F 19/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | PATIENT CUSTOMIZED THERAPEUTIC REGIMENS | ||||||||
| Applicant name: | Proteus Digital Health, Inc. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Admissibility of appeal - missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal is directed against the decision of the Examining Division of 19 October 2017, posted on 5 December 2017.
II. The appellant filed a notice of appeal on 13 February 2018 and paid the appeal fee on the same day.
III. By communication of 28 May 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.
In the same communication, the Board stated that it assumed, unless contradicted by the appellant in the specified period, that the appellant's request for oral proceedings did not apply to the issue of inadmissibility of the appeal because no grounds of appeal had been filed in due time.
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, the notice of appeal does not contain 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.
