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Case Law of the Boards of Appeal

 
 
2.8. Request for oral proceedings as a reply to a communication of a board of appeal

In T 1382/04 the appellant had been invited to file observations on the board's communication under R. 100(2) EPC. Failure to reply to such an invitation in due time would result in the application being deemed withdrawn (R. 100(3) EPC). The appellant had not made any substantive observations on the board's communication but had filed a request for oral proceedings. The board considered the request for oral proceedings as a reply avoiding a deemed withdrawal under R. 100(3) EPC since it could not be assumed that the appellant had lost its interest in the application while requesting oral proceedings at the same time, apparently with a view to present its comments on the board's arguments orally.