| European Case Law Identifier: | ECLI:EP:BA:1998:T045998.19981126 | ||||||||
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| Date of decision: | 26 November 1998 | ||||||||
| Case number: | T 0459/98 | ||||||||
| Application number: | 90200573.5 | ||||||||
| IPC class: | C12N 15/40 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Hog cholera virus vaccine and diagnostic | ||||||||
| Applicant name: | Akzo Nobel N.V. | ||||||||
| Opponent name: | Bayer AG Konzernbereich RP Patente and Lizenzen | ||||||||
| Board: | 3.3.04 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal contests the interlocutory decision of the Opposition Division of the European Patent Office dated 16. February 1998 concerning maintenance of European patent No. 0 389 034 in amended form.
The appellant (opponent) filed a notice of appeal on 16. April 1998 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 3 August 1998 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months. Attention was also drawn to Article 122 EPC.
III. No answer has been given 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 (Rule 65(1) EPC in conjunction with Article 108 EPC).
ORDER
For these reasons it is decided that:
The appeal is rejected as inadmissible.
