In T 784/91 the board took the view that if in ex parte proceedings the appellant indicated that he did not wish to comment on the case, this could be construed as signifying agreement to a decision being taken on the case as the file stood.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_6_1_1.htm
Date retrieved: 17 May 2021