4.3.7 Parties' obligation to participate actively in the appeal proceedings

Corresponding to a board's obligation to remain neutral (see in this chapter V.B.4.3.6), parties are obliged to participate actively in the appeal proceedings (R 2/08, R 6/12, R 12/12), in particular in inter partes proceedings (R 15/09, R 12/09 of 15 January 2010). Parties and their representatives are responsible for the conduct of their case and it is for them to submit the necessary arguments to support their case on their own initiative and at the appropriate time (R 17/12; see, by way of example, also R 18/09, R 13/11, R 17/12, R 1/13, R 15/13, R 1/17). It is for the parties to address any point they consider relevant and fear may be overlooked and to insist, if necessary by way of a formal request, that it be discussed in the oral proceedings. If then a board does not give a party the opportunity to bring forward its arguments, this may give rise to the complaint that the right to be heard under Art. 113(1) EPC has been infringed (R 17/11, see also R 6/16, R 6/17).

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