T 1373/18 () of 11.12.2018

European Case Law Identifier: ECLI:EP:BA:2018:T137318.20181211
Date of decision: 11 December 2018
Case number: T 1373/18
Application number: 12775993.4
IPC class: C07C 17/087
C07C 21/18
B01J 23/18
B01J 21/06
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 224 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: INTEGRATED PROCESS TO CO-PRODUCE 1,1,1,3,3-PENTAFLUOROPROPANE, TRANS-1-CHLORO-3,3,3-TRIFLUOROPROPENE and TRANS-1,3,3,3-TETRAFLUOROPROPENE
Applicant name: Honeywell International Inc.
Opponent name: ARKEMA FRANCE
Board: 3.3.10
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - statement of grounds (not filed)
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Opposition Division of 16 January 2018, posted on 4 April 2018.

II. The appellant filed a notice of appeal on 31 May 2018 and paid the appeal fee on the same day.

III. By communication of 13 September 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.

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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