T 1773/19 () of 28.1.2020

European Case Law Identifier: ECLI:EP:BA:2020:T177319.20200128
Date of decision: 28 January 2020
Case number: T 1773/19
Application number: 10702844.1
IPC class: G06Q 20/00
G06Q 30/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: PAYMENT SYSTEM
Applicant name: Visa Europe Limited
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 99(2)
European Patent Convention R 101(1)
European Patent Convention R 126(2)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
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Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division of 6 December 2018, posted on 20 December 2018, refusing European patent application 10702844.1.

II. The appellant filed a notice of appeal on 28 February 2019 and paid the appeal fee on the same day.

III. By communication of 25 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.

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.

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