| European Case Law Identifier: | ECLI:EP:BA:2020:T161219.20200113 | ||||||||
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| Date of decision: | 13 January 2020 | ||||||||
| Case number: | T 1612/19 | ||||||||
| Application number: | 11743330.0 | ||||||||
| IPC class: | C21D 1/25 C21D 8/02 C21D 8/04 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | METHOD FOR PRODUCING A HOT-ROLLED STEEL PRODUCT, AND A HOT-ROLLED STEEL | ||||||||
| Applicant name: | Rautaruukki Oyj | ||||||||
| Opponent name: | ArcelorMittal | ||||||||
| Board: | 3.3.05 | ||||||||
| 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 opponent (hereinafter "the appellant") filed on 3 June 2019 an appeal against the opposition division's decision taken on 21 February 2019, posted on 1 April 2019, rejecting the opposition against the European patent EP-B-2 576 848. The appeal fee was paid on the same day.
II. By communication dated 18 September 2019, sent by registered letter with advice of delivery and 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 invited to file observations within two months of notification of the communication. Within this period of time the appellant filed no observations.
Reasons for the Decision
1. 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. Since the notice of appeal of 3 June 2019 does not contain any reasoning within the meaning of Rule 99(2) EPC or anything that could be regarded as a statement of grounds of appeal pursuant to Article 108 EPC, a statement of grounds is missing so that the appeal is inadmissible (Article 108 EPC in conjunction with Rule 101(1) EPC).
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.
