1.3 Form and content
1.3.3 Reasoning
The statement of grounds must first set out and substantiate the reasons for the decision, citing the individual EPC articles and rules involved.
On decisions taken by the examining or opposition division, see E‑X, 2.6E‑IX, 2.6.
The decision-making department will draft its decision on the basis of on one or more grounds. It is essential that the parties have been given an opportunity to comment on all the grounds on which the decision is based.
When there are several grounds for a decision, it is imperative to link them in a logical way and, in particular, ensure that no ground contradicts an earlier one. Furthermore, the chain of grounds must be structured so that it starts with the main ground.
All significant arguments advanced by a party to the proceedings are carefully examined and comprehensively discussed in the decision.
In individual cases, reasoning may also have to be given for decisions which simply grant a party's request. If, for example, several reasons are invoked in support of a request for re-establishment and only one of them justifies re-establishment, it may be appropriate to issue a reasoned decision on re-establishment in order to clarify the EPO action issued.