T 0182/88 (Separate set of claims) du 03.11.1988

When a decision hinges upon the exercise of discretion (here: separate claims for Austria after Rule 51(4) EPC old version communication), the reasons should be given. Such reasons should take into account those factors which are legally relevant to the issue in question, and should not simply consider whether the facts of the case are exactly the same as in a previously decided case (here: decision T 166/86 - 3.3.2 "Separate set of claims/HENKEL", 25 September 1986, OJ EPO 1987, 372). Such factors are determined by considering the purpose of the exercise of the discretion in its context, and in the context of the EPC as a whole (here: the balancing of the Office's interest in a speedy completion of the proceedings against the Applicant's interest in obtaining a patent which is legally valid in all the Contracting States).