| European Case Law Identifier: | ECLI:EP:BA:1999:T004099.19991203 | ||||||||
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| Date of decision: | 03 December 1999 | ||||||||
| Case number: | T 0040/99 | ||||||||
| Application number: | 93108182.2 | ||||||||
| IPC class: | H01S 3/06 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | C | ||||||||
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| Title of application: | Optical fiber amplifier | ||||||||
| Applicant name: | Sumitomo Electric Industries, Limited | ||||||||
| Opponent name: | Alcatel Alsthom | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Missing statement of grounds | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The appeal lies from the decision of the Opposition Division of the European Patent Office posted 21. October 1998 rejecting the Opposition filed against European patent application No. 0 570 941.
The appellant filed a notice of appeal by letter received on 17 December 1998 and paid the fee for appeal on the same date. 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 4 May 1999, 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.
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.
