| European Case Law Identifier: | ECLI:EP:BA:2020:T136520.20200630 | ||||||||
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| Date of decision: | 30 June 2020 | ||||||||
| Case number: | T 1365/20 | ||||||||
| Application number: | 18166572.0 | ||||||||
| IPC class: | G03G15/08 G03G21/18 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | PROCESS CARTRIDGE AND IMAGE FORMING APPARATUS | ||||||||
| Applicant name: | CANON KABUSHIKI KAISHA | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.03 | ||||||||
| 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 appeal is directed against the decision to grant a European patent pursuant to Article 97(1) EPC posted on 16 January 2020.
II. The appellant filed a notice of appeal on 26 March 2020 and paid the appeal fee on the same day. While the notice of appeal contained a request for oral proceedings, no separate statement of grounds of appeal was filed.
III. By a communication dated 12 June 2020, sent by registered letter with advice of delivery, the appellant was informed that no statement of grounds of appeal had 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, within two months, to file observations and to confirm that the appellant's request for oral proceedings did not apply to the issue of inadmissibility of the appeal because no grounds of appeal have been filed in due time.
IV. The appellant replied to the communication on 25 June 2020 and stated that
"the filed request for oral proceedings does not apply to the issue of inadmissibility of the appeal because no grounds of appeal have been filed in due time.
Thus, there is no need for oral proceedings and the appeal proceedings can be considered closed."
Reasons for the Decision
As no written statement setting out the grounds of appeal has been filed and as the notice of appeal does not contain anything that could be regarded as a statement of grounds of appeal according to Article 108, third sentence, and Rule 99(2) EPC, the appeal has to be rejected as inadmissible (Article 108, third sentence, EPC in conjunction with Rule 101(1) EPC).
Order
For these reasons it is decided that:
The appeal is rejected as inadmissible.
