1. Examination by the EPO of its own motion
1.2 Limits on the obligation to examine
However, the obligation to carry out such examination must be limited in the interests of procedural expediency. For example, in opposition proceedings, an offer to prove that an alleged public prior use took place will not be taken up if the opponent alleging this has ceased to participate in the proceedings and the necessary evidence cannot be easily obtained at a reasonable cost.
The unity of the subject-matter of the European patent is not to be examined in opposition proceedings (G 1/91, see D‑V, 2.2).