4.5. Location of oral proceedings

In T 1012/03 the applicant, having been summoned to oral proceedings before the examining division in The Hague, had requested that oral proceedings take place in Munich instead. The board noted that Art. 116 EPC 1973 did not expressly stipulate the location where oral proceedings had to take place. The board examined whether the President had the power to establish examining divisions in The Hague and concluded that such a power was provided for by Art. 10(1), (2)(a) and (b) EPC 1973. The board concluded that in the case in point the justification for conducting oral proceedings in The Hague could be deduced from Art. 116 EPC 1973 in conjunction with Art. 10(1), (2) (a) and (b) EPC 1973 (see also T 689/05).

The examining division's rejection of the applicant's request that the oral proceedings be held in Munich instead of The Hague must be reasoned, R. 111(2) EPC, R. 68(2) EPC 1973 (see T 689/05 and T 933/10).

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