Appeal against a decision of the Receiving Section, whereby an EP (divisional) application was rejected on the ground that the applicant had failed to correct a deficiency noted by the Receiving Section which had been sent to the appellant on 5 December 2013 pursuant to Rule 58 EPC. However, the appellant's representative -based in London- submitted that did not receive said communication. As proof of delivery in respect of the communication, the EPO gave a letter from Deutsche Post which refered to a registered letter sent to the representative's address in "London / Grossbritannien" on 5 December 2013. The letter from Deutsche Post states that "das ausländische Postunternehmen teilt uns jetzt mit, dass die Nachforschungen nach Ihrer Sendung abgeschlossen sind.Die Sendung wurde am 10.12.2013 an einen Empfangsberechtigten ausgeliefert." The Legal Board of Appeal had to decide on whether the communication had been validly notified or not.
