3.3.5 Witnesses at oral proceedings despite not confirming attendance in advance

In T 2003/08 of 31 October 2012 date: 2012-10-31 witnesses were summoned in accordance with R. 118 EPC and they were invited to confirm their attendance. Neither witness replied at all. But both witnesses were present. The appellant (patentee) requested the board to refrain from hearing them. The failure to react to the invitation in the summonses did not have any influence on the board's view that the witness evidence was necessary.