T 0519/92 () of 1.12.1992

European Case Law Identifier: ECLI:EP:BA:1992:T051992.19921201
Date of decision: 01 December 1992
Case number: T 0519/92
Application number: 84306210.0
IPC class: G01N 33/80
G01N 33/577
C12N 5/00
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 79 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Lewis blood group phenotype assay
Applicant name: The Wistar Institute
Opponent name: Chembiomed Ltd.
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 1533/17

Summary of Facts and Submissions

I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dated 18 February 1992 posted on 31 March 1992, concerning maintenance of European patent No. 0 138 377 in amended form.

The Appellant (Opponent) filed a notice of appeal on 28 May 1992 and paid the fee for appeal on the same day.

No Statement of Grounds was filed. The notice of appeal contains nothing that could be regarded as a Statement of Grounds pursuant to Article 108 EPC.

II. By a communication dated 15 September 1992, sent by registered letter with advice of delivery, the Registry of the Board informed the Appellant that no Statement of Grounds has been filed and that the appeal could be expected to be rejected as inadmissible. The Appellant was invited to file observations within two months.

III. No answer has been given within the given time limit to the Registry's communication.

Reasons for the Decision

As no written Statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Article 108 EPC in conjunction with Rule 65(1) EPC).

ORDER

For these reasons, it is decided that:

The appeal is rejected as inadmissible.

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