T 2972/18 - Answering G1/18 already

Key points

• The Notice of appeal (with debit order for the appeal fee) is filed a working day too late. The appellant files no response to the communication of the Registry of the Board pointing out this.
• The Board rejects the appeal as inadmissible.
• There is no order for a refund of the appeal fee. 

EPO T 2972/18 -  link

Summary of Facts and Submissions

I. The appeal is directed against the decision of the Examining Division of 20 September 2018, posted on the same day.

II. The appellant filed a notice of appeal on 3 December 2018 and paid the appeal fee on the same day.

III. By communication of 15 January 2019, received by the appellant, the Registry of the Board informed the appellant that it appeared from the file that the notice of appeal had not been filed in due time, and that it was therefore to be expected that the appeal would be rejected as inadmissible pursuant to Article 108, first sentence, EPC in conjunction with Rule 101(1) EPC. The appellant was informed that any observations had to be filed within two months of notification of the communication.

IV. No reply was received.

Reasons for the Decision

No observation was filed within the time limit provided by Article 108, first sentence, EPC in conjunction with Rule 126(2) EPC. Therefore, the appeal has to be rejected as inadmissible (Rule 101(1) EPC).

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.