4.4 Asking for evidence 

When pointing out that it cannot accept a line of argument, because certain facts have not been proven, the division must do so as neutrally and objectively as possible. In particular, it may not

(a)require a specific kind of evidence (see T 474/04) or

(b)dictate the content of the evidence, e.g. the wording of a sworn written statement (see T 804/92).

The taking of evidence in each of the forms listed in Art. 117 is done at the discretion of the EPO department in question, i.e. only if that department considers it necessary, for example because a fact relevant to the decision needs to be proven.