4.8. Request for oral proceedings as a reply to a communication

In T 1382/04 the appellant had been invited to file observations on the board's communication under R. 100(2) EPC. Failure to reply to such an invitation in due time would result in the application being deemed withdrawn (R. 100(3) EPC). The appellant had not made any substantive observations on the board's communication but had filed a request for oral proceedings. The board considered the request for oral proceedings as a reply avoiding a deemed withdrawal under R. 100(3) EPC. Similarly, the board in T 861/03 stated that a request for oral proceedings could be a valid reply to a communication under Art. 96(2) EPC 1973 (now Art. 94(3) EPC).