4.3. Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC
4.3.13 Normally no violation of the right to be heard where oral proceedings held by videoconference
In R 12/22 the Enlarged Board recalled that, as held in G 1/21, conducting oral proceedings as a videoconference does not, in principle, constitute a violation of the right to be heard. A merely theoretical possibility of impaired communication and discussions in oral proceedings held by videoconference before a board of appeal did not amount to a violation of Art. 113(1) EPC. See also chapters III.C.8.3. "Format of oral proceedings" and III.B.2.7. "The right to be heard in oral proceedings".