b) Oral proceedings by videoconference before examining divisions 

As to the possibility to hold upon request oral proceedings by videoconference before examining divisions the board confirmed in T 677/08 that, according to point 2 of the notice from the EPO (OJ 2006, 585), the examining division had a discretionary power and would, on a case-by-case basis, decide on the suitability of holding oral proceedings by videoconference. In the board’s opinion, whether a case is suitable for oral proceedings by videoconference hinged not only on the substance of the case but also on organisational matters. The examining division had to take the principle of procedural economy into account. If no videoconference room was available for the given date, that meant that a new date would have to be found, a new room would have to be booked, etc. If the examining division wanted to avoid that and stick to the original date, then it could exercise its discretion according to applicable principles and no procedural violation occurred by refusing the request to conduct oral proceedings by videoconference.