T 0863/20 () of 24.9.2020

European Case Law Identifier: ECLI:EP:BA:2020:T086320.20200924
Date of decision: 24 September 2020
Case number: T 0863/20
Application number: 09178807.5
IPC class: G01R29/18
G01R31/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 226 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Meter phase identification
Applicant name: Aclara Meters LLC
Opponent name: -
Board: 3.4.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007)
European Patent Convention R 101(1) (2007)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appellant contests the decision of the Examining Division of the European Patent Office posted on 23 October 2019 refusing European patent application No. 09178807.5 pursuant to Article 97(2) EPC.

II. The appellant filed a notice of appeal on 2 January 2020 and paid the appeal fee on the same day.

III. A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

IV. In a communication dated 8 April 2020, the Board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was informed that any observations should be filed within two months.

V. The appellant filed no observations in response to said communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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