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Case Law of the Boards of Appeal

 
 
2.7. Request for oral proceedings in further prosecution proceedings

In T 892/92 (OJ 1994, 664) the board held that "further prosecution" proceedings on remittal by the board of appeal were to be regarded as a continuation of the original opposition proceedings, particularly where the original interlocutory decision had been set aside by the board and was therefore no longer legally effective. Consequently, the patent proprietors' original request, which had never been withdrawn or amended, became effective again after remittal, so that the opposition division should not have taken a decision adversely affecting the proprietors without giving them an opportunity to present their case orally (see also T 742/04, T 1425/05).