3.7.6 Requirements of a valid dismissal of an objection

In R 6/22 the petitioner considered its "unequivocal statement" that failure to admit the auxiliary request would be a violation of its right to be heard an objection within the meaning of R. 106 EPC. The Enlarged Board pointed out that there was no trace of any explicit dismissal of the alleged objection on file and it was not convinced about the petitioner’s explanation, according to which the non-admittance of the auxiliary request had to be regarded as the implicit dismissal of its intended objection.