Failure to hold oral proceedings 

In T 1972/13 the board stated that it is consistent practice to remit the case where the examining division failed to hold oral proceedings requested by the applicant, since it cannot be known if the examining division would have come to a different decision if oral proceedings had been held. The same situation applies where it is not clear whether a request for oral proceedings was made (see also T 1423/13, refusal without summoning to oral proceedings as announced).

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