4.3.1 Withdrawal only by virtue of a clearly expressed intention not to proceed with the request

A party's request for oral proceedings can be withdrawn only by virtue of a clearly expressed intention not to proceed with the request, for example in the form of an unambiguous written statement to that effect on the file (T 1548/11). Silence on the part of a party cannot be interpreted as withdrawal of the request for oral proceedings (T 766/90, T 35/92, T 686/92, J 12/15, T 1951/16). A withdrawal of the request for oral proceedings requires an unambiguous expression of the party's wish to withdraw (T 795/91, T 879/92, T 2687/17). If there is no unequivocal proof of the withdrawal of the request, it has to be assumed that the request, once submitted, remains valid and was therefore also valid at the time of the contested decision (see T 283/88, T 598/88, T 663/90, T 1951/16).

A considerable number of decisions treat the announcement of non-attendance of the oral proceedings (see below in this chapter III.C.4.3.2) and the lack of statement of grounds of appeal followed by lack of response to a notification of the inadmissibility of the appeal (see below in this chapter III.C.4.3.3) as equivalent to a withdrawal of the request. For the question of whether a withdrawal of a request for oral proceedings can lead to a different apportionment of costs under Art. 104 EPC, see chapter III.R.2.2. "Acts or omissions prejudicing the timely and efficient conduct of oral proceedings".