In T 1183/02 (OJ 2003, 404) the board held that a response to a summons to oral proceedings before the examining division which contained good faith responsive amendments and arguments did not stay the summons. Hence omitting to confirm that the summons remained valid did not constitute a substantial procedural violation within the meaning of R. 67 EPC 1973.

In T 343/08 the board stated that there was no general duty for an examining division to provide feedback on an applicant's reply to a summons to oral proceedings, in advance of such oral proceedings.