Judgment No. 3060

• Organization: European Patent Organisation (EPO)
• Date: 08.02.2012
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 3

Extract:

"[T]he Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a "decision upon [the] claim" within the meaning of [Article VII, paragraph 3, of the Statute of the Tribunal], which is sufficient to forestall an implied rejection (see, for example, Judgment 2948, under 7, and the case law cited therein)."

Reference(s)

ILOAT Judgment(s): 2948

Keywords

claim; decision; implied decision; internal appeals body; iloat statute

Judgment keywords

Keywords

summary procedure; complaint dismissed