5.2.9 Procedural objection under R. 106 EPC

In R 3/08 the question arose whether an accompanying person can validly raise a procedural objection pursuant to R. 106 EPC. However, in the circumstances this question did not need to be answered since, based on the affidavit of Mr S.L., it was credible that the professional representative himself explicitly supported his procedural objections. Even if, in the absence of further evidence, the exact circumstances of the representative's intervention was not established, the board was prepared to assume in favour of the petitioner that the objections raised in that phase of the oral proceedings met the requirements of R. 106 EPC.