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The flanking section requires the attacker to be making a melee attack in order to receive the "flanking bonus." This distinction is important.
The flanking section does not say "you must make a melee attack in order to flank." It says "you must make a melee attack in order to receive a flanking bonus."
To bring up an example that has been used in the past, a prone target takes a -4 penalty on melee attacks and cannot use a ranged weapon except for a crossbow. If the prone character does not make a melee attack, thus not taking the -4 penalty, does he cease to be prone? Or is he still prone whether or not he makes a melee attack and therefore actually uses the penalty?
The flanking section does not say "you must make a melee attack in order to flank." It says "you must make a melee attack in order to receive a flanking bonus."
To bring up an example that has been used in the past, a prone target takes a -4 penalty on melee attacks and cannot use a ranged weapon except for a crossbow. If the prone character does not make a melee attack, thus not taking the -4 penalty, does he cease to be prone? Or is he still prone whether or not he makes a melee attack and therefore actually uses the penalty?