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A different apportionment of costs may be ordered in accordance with Art. 104 EPC and Art. 16 RPBA 2007, if a party, for example, withdraws a request for oral proceedings, asks for their postponement, or fails to attend them (see chapter III.R.2.2. "Acts or omissions prejudicing the timely and efficient conduct of oral proceedings").
According to T 1055/05 the refusal of the division to record statements made by a party at the oral proceedings could not constitute an infringement of the right to be heard.
According to R. 124(3) EPC, the minutes shall be authenticated by the employee responsible for drawing them up and by the employee who conducted the oral proceedings or taking of evidence, either by signature or by any other appropriate means.