2.3. Intervener enters proceedings at stage they are at on the date of intervention

In T 392/97 the would-be interveners requested that the date for the appointed oral proceedings be postponed and submitted that they had not been duly summoned to the oral proceedings in accordance with R. 71(1), second sentence, EPC 1973 which stipulated at least two months' notice. In the board's view, R. 71(1) EPC 1973 did not stipulate that the requirement of a two-month period also applied if, subsequent to a duly effected summons, there was an intervention by a third party. As a general principle, an intervener entered the proceedings at the stage they were at on the date of intervention, including pending time limits. Issuing a further summons or adjourning the date in this case was therefore rejected.