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Case Law of the Boards of Appeal

 
 
h)
Absence of duly represented party 

In J 4/03 the board decided that the desire of the appellant to be present himself at oral proceedings did not in itself amount to a serious ground for postponing the oral proceedings to a date on which the appellant could be present, in the absence of other special circumstances. The appeal turned essentially on how the law was to be applied to facts which were not in dispute, and so the presence or absence of a party who was duly represented in the proceedings should have no impact on the course of the proceedings or the final decision.