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Guidelines for Examination

 
 

1.6.1 General remarks

Where the Examining or Opposition Division holds hearings for the purpose of taking evidence (see E‑III, 1.3) and if the case in question is expected to give rise to particular legal issues, it is advisable that the Division should be enlarged by the addition of a legally qualified examiner, if this is not already the case (see D‑II, 2.2).

The evidence of witnesses is normally taken at oral proceedings.

The hearing will be either public or non-public, depending on the oral proceedings themselves (Art. 116(3) and (4)).

Where a hearing is held in connection with oral proceedings, the considerations set out in E‑II, 8.2, 8.3, 8.9 and 8.10 are directly applicable, and where this is not the case they apply mutatis mutandis.

The hearing of an "expert" in the sense of Rule 117 requires as a precondition a decision to take evidence (see E‑III, 1.4). This is different from hearing oral submissions by a person accompanying the representative during oral proceedings, which can be allowed at the discretion of the Division (see G 4/95 and E‑II, 8.5).