2.4.7 No sufficient time for an adequate response to the deciding body's objections

In T 2535/22 the board pointed out that if an applicant was of the opinion that they had not had enough time for an adequate response to the deciding body's objections, it was their duty to either request more time or a postponement of the oral proceedings. In the examination proceedings, the appellant (applicant) had filed a further amended set of claims one day before the oral proceedings. All requests had been discussed with respect to their admittance and, for those admitted, with respect to their allowability, during the oral proceedings. In the absence of information to the contrary in the minutes of the oral proceedings, the board was of the opinion that the appellant had not established that it had not been given enough time to react to all objections on which the appealed decision was based. The board concluded that the examining division had not violated the appellant's right to be heard.