T 0535/97 26-02-1998
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Use of a viral glycoprotein subunit vaccine for intranasal immunization against viral infection
Chiron Corporation
Connaught Laboratories Limited
I. The appeal contests the decision of the Opposition Division of the European Patent Office dated 11 March 1997 revoking the European patent No. 0 363 414. The decision was posted to the applicant on 11 March 1997. The Appellant filed a Notice of Appeal by letter received on 16 May 1997 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 10 October 1997, 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 and attention was drawn to Article 122 EPC (Re-establishment of rights).
III. No answer has been given to the Registry's communication.
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.