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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART E GUIDELINES ON GENERAL PROCEDURAL MATTERS PART D    
CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE CHAPTER III ORAL PROCEEDINGS CHAPTER V DEROGATIONS FROM THE LANGUAGE OF THE PROCEEDINGS IN ORAL PROCEEDINGS  
1. Taking of evidence by the departments of the EPO   2. Conservation of evidence  
1.3 Taking of evidence in substantive examination and opposition proceedings 1.2 Means of evidence 1.4 Order to take evidence  

1.3

Taking of evidence in substantive examination and opposition proceedings

 

The department responsible for the taking of evidence in the form of a hearing of witnesses, parties and experts will, in substantive examination and opposition proceedings, be the Division before which the taking of evidence as part of oral proceedings would normally take place. However the Division may commission one of its members to examine the evidence adduced. Generally, he will be the primary examiner under Art. 18(2) or Art. 19(2). A member may, for example, be commissioned pursuant to Rule 119(1), for the purposes of an inspection, such as in the form of a demonstration of a process or the investigation of an object, particularly in undertakings located far away.

Art. 117(2)

Rules 118-120



A member may also be commissioned to attend a court hearing pursuant to Rule 120(3), and put questions to the witnesses, parties and experts.

 


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