| European Case Law Identifier: | ECLI:EP:BA:2019:T261618.20190411 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 11 April 2019 | ||||||||
| Case number: | T 2616/18 | ||||||||
| Application number: | 12753328.9 | ||||||||
| IPC class: | H01T 13/16 H01T 13/50 F02P 23/04 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Corona igniter including temperature control features | ||||||||
| Applicant name: | Federal-Mogul Ignition Company | ||||||||
| Opponent name: | BorgWarner Ludwigsburg GmbH | ||||||||
| Board: | 3.5.02 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Admissibility of appeal - 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 29 June 2018, posted on 14 August 2018.
II. The patent proprietor filed a notice of appeal on 24 October 2018 and paid the appeal fee on the same day.
III. By communication of 17 January 2019, 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.
