A European Application has been filed. The Examining Division raised a "lack of sufficient disclosure" and a "lack of clarity" objection against the Application. The Examining Division could not be convinced about the sufficiency and clarity of the Application. After an Oral Proceedings the Examining Division issued a decision to refuse the Application. Neither the client nor the representative participated in the Oral proceedings.
An Appeal has been filed against the decision of Examining Division. According to the decision of Board of Appeal the appealed decision must be set aside and the case is remitted to the Examining Division for further prosecution.
The Examining Division raised further objections against the Application.
My question is:
- Will my request for a Second Oral Proceedings be refused?
I only found Art. 116(1) relevant:
Art. 116(1) EPC: Oral proceedings shall take place either at the instance of the European Patent Office if it considers this to be expedient or at the request of any party to the proceedings. However, the European Patent Office may reject a request for further oral proceedings before the same department where the parties and the subject of the proceedings are the same.
Does the subject of the proceedings mean only the given case or the raised objection against a given case? Are there other articles/rules relevant?
Is my assumption, that the future decision of the Examining Division is also appealable, true? I did not found anything against it.