The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal.
What is needed is a clear limitation on the executive power, as far as the Boards of Appeal are concerned, in situations like the present, so as to avoid any impression of undue influence on their judicial work, contrary to the independence requirements of Article 6 of the European Convention on human rights.Merpel cannot remember any such internal EPO dispute spilling out into the public domain with such vehemence. The letter from the Enlarged Board should dispel any preconceptions that the current troubles at the EPO and the complaints about Mr Battistelli are confined to a few disgruntled examiners looking to protect their cushy jobs (a view she has heard from several quarters).
Merpel wishes to note in passing that she has also been provided with a translation of a letter from Dr. Tilman Mueller-Stoy, a Partner in the renowned Bardehle firm, addressed to Christoph Ernst, the main representative of the German delegation to the Administrative Council. To do that letter justice she will return to it in the morning, but notes in the meantime that Florian Mueller's FOSS Patent blog has posted a copy with his comments here.