d) Board’s explicit reaction to an alleged objection

In R 6/22 the Enlarged Board pointed out that there was no trace of any explicit dismissal of an alleged objection on file. In the Enlarged Board's view it seemed likely that the board had not taken note of the intended objection. In this way, the absence of any discernible reaction from the board was a further indication that the board could not perceive the right to be heard argument as a recognisable objection within the meaning of R. 106 EPC. The Enlarged Board held that in a situation where the board does not react in a recognisable and explicit manner to an intended objection a diligent party should normally insist on a discernible response from the board. Failure to do so may leave the party with an indication that weighs against its case.