CLR III C 2.1.2 Right to oral proceedings even if no new arguments are presented

In T 383/87 the board pointed out that Art. 116(1) EPC 1973 guaranteed the right of any party to request oral proceedings, i.e. to argue its case orally before the relevant department of the EPO. A party might feel that it could present its case better orally than in writing, even if it had no new arguments. It was then its genuine right to request oral proceedings without being inhibited by the fear of having to pay additional costs, unless the request for oral proceedings was a clear abuse of the law. See also T 125/89, T 318/91, T 1051/92, T 6/98. However, the lack of introduction of new points in oral proceedings was an aspect considered in T 167/84 (OJ 1987, 369) for the board making an award on costs. On the apportionment of costs, see chapter III.R.2.2. "Acts or omissions prejudicing the timely and efficient conduct of oral proceedings".

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Case Law Book: III Amendments

General Case Law