Judgment No. 3700
The complaint is dismissed, as is the EPO’s counterclaim.
The complainant contests the EPO’s refusal to provide him with a copy of the opinion of the Appeals Committee in relation to the internal appeal he had filed at the same time as the opinion was provided to the President of the Office.
final decision; complaint dismissed
According to the Tribunal’s case law, “[o]rdinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as part of a challenge to the final decision but they themselves, cannot be the subject of a complaint to the Tribunal.” (See Judgment 2366, under 16, confirmed in Judgments 3433, under 19, and 3512, under 3.)
ILOAT Judgment(s): 2366, 3433, 3512