| European Case Law Identifier: | ECLI:EP:BA:2019:T077219.20190930 | ||||||||
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| Date of decision: | 30 September 2019 | ||||||||
| Case number: | T 0772/19 | ||||||||
| Application number: | 14165008.5 | ||||||||
| IPC class: | A61K 49/10 A61K 51/04 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Process for preparing a pharmaceutical formulation of contrast agents | ||||||||
| Applicant name: | GUERBET | ||||||||
| Opponent name: | Bracco Imaging SpA Bayer Pharma Aktiengesellschaft |
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| Board: | 3.3.07 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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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 Opposition Division of 6 November 2018, posted on 4 January 2019.
II. The appellant (opponent 01) filed a notice of appeal on 14 March 2019 and paid the appeal fee on the same day.
III. By communication of 24 June 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. On 8 July 2019 the appellant requested reimbursement of the appeal fee. In a communication dated 19 July 2019 the appellant was informed that Rule 103(2) EPC only allowed for reimbursement of the appeal fee if the appeal was withdrawn and that the request for reimbursement of the appeal fee could therefore at present not be granted. 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). The Board decided to refuse the request for reimbursement of the appeal fee for the reasons given in the communication dated 19 July 2019.
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.
