T0083/06: An example of the application of G4/95

According to G4/95 a Board of Appeal may at its discretion allow a person accompanying a professional representative in opposition appeal proceedings to make oral submissions if the following criteria are met :

(i) The professional representative should request permission for such oral submissions to be made. The request should state the name and qualifications of the accompanying person, and should specify the subjectmatter of the proposed oral submissions.

(ii) The request should be made sufficiently in advance of the oral proceedings so that all opposing parties are able properly to prepare themselves in relation to the proposed oral submissions.

(iii) A request which is made shortly before or at the oral proceedings should in the absence of exceptional circumstances be refused, unless each opposing party agrees to the making of the oral submissions requested.

(iv) The EPO should be satisfied that oral submissions by an accompanying person are made under the continuing responsibility and control of the professional representative.

In T0083/06 this particular decision of the Enlarged Board was applied:

R2.2 : ... the appellant's request was filed about three weeks before the oral proceedings and did not specify the subject-matter of the proposed oral submissions despite the communication of the Registry of the board [ ] . 

The subject-matter of the proposed oral submissions was only specified during the oral proceedings. Thus at least the above criterion (i) established by G 4/95 was not fulfilled by the request made about three weeks before the oral proceedings, as it did not specify the subject-matter. 

While the subject-matter of the proposed oral submissions was specified at the oral proceedings, the respondent (opponent) did not agree to the making of the oral submissions requested, as required in principle by the above criterion (iii). In the absence of exceptional circumstances the board therefore refused the appellant's request.

Questions relating to G4/95 pop up during the C exam (opposition paper) every now and then .