2.6. No oral proceedings in spite of unconditional request

In their statement of grounds of appeal the appellants in T 494/92 made an unconditional request for oral proceedings. The board stated that in view of the positive conclusion it had reached regarding the question of inventive step, and in the absence of any other substantive and/or procedural issues, such oral proceedings would serve no purpose. The board thus treated the request as merely conditional. In T 1050/09 the opposition division, referring to T 494/92, had treated the opponent's unconditional request for oral proceedings as merely conditional as it had decided in favour of the opponent. The board agreed and added that a successful party had no reason to doubt the correctness of the procedure leading to the decision in its favour.

In T 147/84 the respondent had limited its claims on appeal and requested (unconditionally) oral proceedings. The board remitted the case for further prosecution and held that the respondent was not adversely affected by this decision so that there was no need for oral proceedings.

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