Judgment No. 2947

• Organization: European Patent Organisation (EPO)
• Date: 08.07.2010
• Original: French
• Judges: Gaudron, Ba, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Consideration 16

Extract:

[T]he Tribunal would draw attention to the fact that it is well settled that it may not replace the findings of medical boards with its own. It does, however, have full competence to say whether there was due process and to examine whether the Committee’s opinion shows any material mistake or inconsistency, or overlooks some essential facts, or plainly misread the evidence (see, for example, Judgments 1284, under 4, 2361, under 9, or 2714, under 11).

Reference(s)

ILOAT Judgment(s): 1284, 2361, 2714

Keywords

medical opinion