T 1642/20 () of 23.10.2020

European Case Law Identifier: ECLI:EP:BA:2020:T164220.20201023
Date of decision: 23 October 2020
Case number: T 1642/20
Application number: 16193999.6
IPC class: B23K35/30
B23K35/02
C22C38/04
C22C38/08
C22C38/12
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 237 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: HIGH STRENGTH WELDING CONSUMABLE BASED ON A 10% NICKEL STEEL METALLURGICAL SYSTEM
Applicant name: CRS Holdings, Inc.
The United States of America as represented by the Secretary of the Navy
Opponent name: -
Board: 3.2.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108 (2007)
European Patent Convention R 99(2) (2007)
European Patent Convention R 101(1) (2007)
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 20 January 2020.

II. The appellants filed in due time a notice of appeal on 11.03.2020 and paid the appeal fee on the same day.

III. By communication of 03.08.2020, receipt of which was confirmed by the appellants, the Registry of the Board informed the appellants 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 appellants were informed that any observations had to be filed within two months of notification of the communication.

IV. No reply to said communication was received.

Reasons for the Decision

1. No written statement of grounds of appeal was filed within the time limit provided by Article 108, third sentence, EPC in conjunction with Rule 126(2) EPC.

2. In addition, neither the notice of appeal nor any other document filed contains 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:

1. The appeal is rejected as inadmissible.

Quick Navigation