T 0883/20 () of 7.10.2020

European Case Law Identifier: ECLI:EP:BA:2020:T088320.20201007
Date of decision: 07 October 2020
Case number: T 0883/20
Application number: 12189192.3
IPC class: G06Q30/02
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 229 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Recommendation system
Applicant name: Comcast Cable Communications, LLC
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007)
European Patent Convention R 99(2) (2007)
European Patent Convention R 101(1) (2007)
European Patent Convention R 126(2) (2015)
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

Examining Division posted on 24 October 2019, refusing

European patent application 12189192.3.

II. The appellant filed a notice of appeal on 24 December 2019 and paid the appeal fee on the same day.

III. By communication of 8 April 2020, 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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