2.6.7 Form of the communication under Article 113(1) EPC

In T 1237/07 the board pointed out that the right to present comments enshrined in Art. 113(1) EPC 1973 did not necessarily need to be exercised in writing but could be satisfied by way of oral proceedings.

In T 497/02 the board found that Art. 113(1) EPC 1973 merely required applicants to be afforded the opportunity to present their comments on the grounds on which the EPO had based its decision: it did not require a written communication nor did it specify how much time applicants should be afforded to consider and present their comments.