T 0930/92 (Ion beam processing) vom 29.05.1995

I. There is an equitable obligation upon every party who is summoned to oral proceedings to inform the EPO as soon as it knows that it will not attend as summoned. This is the case whether or not that party has itself requested oral proceedings, and whether or not a communication has accompanied the summons to oral proceedings.

II. If a party who has been summoned to oral proceedings fails to attend as summoned without notifying the EPO in advance that it will not attend, an apportionment of costs in favour of another party who has attended as summoned may be justified for reasons of equity in accordance with Article 104(1) EPC.

III. When fixing the amount of costs to be paid to a party, in addition to the remuneration of the professional representative of that party, the expenses incurred by an employee of that party in order to instruct the professional representative before and during oral proceedings may be taken into consideration under Rule 63(1) EPC, if such instruction was "necessary to assure proper protection of the rights involved."