7.2.2 Withdrawal of the request for oral proceedings 

If the request for oral proceedings is explicitly withdrawn, or if a written statement is to be interpreted as equivalent to a withdrawal of the request for oral proceedings (because the party has announced that it will not attend – see T 3/90, T 696/02 and T 1027/03 – or has requested a decision on the basis of the file as it stands – see OJ EPO 2020, A124), it is at the division's discretion to decide whether to maintain or cancel the scheduled oral proceedings.

If the division decides that oral proceedings are nevertheless to be held, this means that there are objections still outstanding that need to be discussed at the oral proceedings. The applicant and/or proprietor can therefore expect that problems relating to the requests filed in reply to the summons to oral proceedings will be dealt with at the oral proceedings.

If any applicant or proprietor decides not to attend the oral proceedings, they are thereby choosing not to make use of the opportunity to comment at the oral proceedings on any of the objections, and to rely instead on the arguments in their written submissions. The decision may be given orally in their absence. However, the procedural principles require that the party to the proceedings not be taken by surprise by the decision (see also E‑III, 8.3.3).