5.5.4 Absence from the oral proceedings – Article 15(3) and (6) RPBA 2007

According to Art. 15(3) and (6) RPBA 2007, the board was not required to delay any step in the proceedings, including its decision, by reason only of the absence at the oral proceedings of any party duly summoned; that party may then be treated as relying only on its written case (Art. 15(3) and (6) RPBA 2020 unchanged, except for an editorial amendment). The board must also ensure that each case is ready for decision at the conclusion of the oral proceedings. The explanatory notes to Art. 15(3) RPBA 2007 (in CA/133/02 dated 12.11.2002) state that this provision does not contradict the principle of the right to be heard pursuant to Art. 113(1) EPC since that Article only affords the opportunity to be heard and, by absenting itself from the oral proceedings, a party gives up that opportunity (explanatory notes quoted in T 1704/06, T 1278/10, T 2281/12, T 133/12, T 1245/14). See also T 1439/16, which referred to these principles in the context of Art. 15(3) RPBA 2020.