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Guidelines for Examination

 
 

2.1 Request for oral proceedings by an opponent whose opposition is to be rejected as inadmissible or is deemed not to have been filed

Under Art. 116(1), oral proceedings may be requested only by a party to pending proceedings. If the Opposition Division notes deficiencies in the notice of opposition under Rule 77(1), the opponent still remains a party to the proceedings until such time as his opposition is rejected as inadmissible. This also applies when deficiencies lead to the opposition being deemed not to have been filed (see D‑IV, 1.4.1).