2.3. Withdrawal of request for oral proceedings

A party's request for oral proceedings can be withdrawn only by virtue of a clearly expressed intention not to proceed with the request, for example in the form of an unambiguous written statement to that effect on the file. If there is no unequivocal proof of the withdrawal of the request, it has to be assumed that the request, once submitted, is still valid and was therefore also valid at the time of the contested decision (see T 283/88, T 663/90, T 879/92).

For the question of whether a withdrawal of a request for oral proceedings can lead to a different apportionment of costs under Art. 104 EPC, see Chapter IV.C.7.2.2.

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