T 2247/12 - Explanatory Notes to the RPBA

Key points

• The Board refers to "the explanatory notes to Article 15(3) RPBA"  as providing (part of) the legal basis  for the decision. These Explanatory Notes are (also) cited in T 1704/06 as "CA/133/02 dated 12 November 2002, available at the EPO web site". As of yet I can not find them. 
• The document is also cited in CLBA IV.E.4.1.1. I am not sure if the document is (still) publicly available. 

EPO T 2247/12 -  link 

Reasons for the Decision

1. The appeal is admissible.

2. The duly summoned appellant did not attend the oral proceedings. In accordance with Rule 71(2) EPC 1973, however, the proceedings continued without it. In accordance with Article 15(3) RPBA, the board relied for its decision only on the appellant's written submissions. The board was in a position to decide at the conclusion of the oral proceedings since the case was ready for decision (Article 15(5) and (6) RPBA), and the voluntary absence of the appellant was not a reason for delaying the decision (Article 15(3) RPBA). The principle of the right to be heard pursuant to Article 113(1) EPC was observed since, by absenting itself from the oral proceedings, a party gives up this opportunity to be heard (see the explanatory notes to Article 15(3) RPBA cited in T 1704/06, not published in OJ EPO).

T 1704/067.3 The explanatory notes to this Article state the following (CA/133/02 dated 12 November 2002, available at the EPO web site):
"This provision does not contradict the principle of the right to be heard pursuant to Article 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".