In T 1237/07 the board pointed out that the right to present comments enshrined in Art. 113(1) EPC 1973 did not necessarily need to be exercised in writing but could be satisfied by way of oral proceedings.

In T 497/02 the board found that Art. 113(1) EPC 1973 merely requires applicants to be afforded the opportunity to present their comments on the grounds on which the EPO bases its decision: it does not require a written communication nor does it specify how much time applicants should be afforded to consider and present their comments.