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The EPO must be satisfied that an accompanying person's oral submissions were made under the continuing responsibility and control of the professional representative.
Save in exceptional circumstances, a request made shortly before or at the oral proceedings should be refused unless each opposing party has agreed to the making of the oral submissions requested.
Any request should be made sufficiently in advance of the oral proceedings to enable all opposing parties to prepare themselves properly for the proposed submissions.
Professional representatives must request permission for oral submissions to be made by an accompanying person, stating that person's name and qualifications and specifying the subject-matter of the proposed oral submissions.
The decisions reported below show how the criteria established by the Enlarged Board have been applied, both in oral proceedings before the boards and when scrutinising decisions taken by the department of first instance.