4.3.3 No waiver of right to a reasoned decision

A request for a decision on the state of the file thus cannot be construed as a waiver of the right to a fully reasoned first instance decision, even in the light of the suggested procedure in the Guidelines (T 265/03, T 583/04, T 1182/05, T 1356/05, T 1360/05, T 1309/05 and T 750/06). The duty to provide reasons in administrative decisions is a fundamental principle in all contracting States, R. 68(2) EPC 1973 being simply an expression of this principle. Further, from the point of view of the practical functioning of the system envisaged in the EPC, absent a reasoned decision within the meaning of this rule the board could not examine the appeal (Art. 110 EPC) (T 265/03, T 1356/05 and T 1360/05, following T 278/00).

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