3.1 Composition 

The composition of the examining division to which the request is referred must be as defined in Art. 18(2). This means that the division must include three technical examiners; normally, a legally qualified examiner will also be included. The main responsibility for dealing with the request up to the time of drawing up the opinion is entrusted to one technical examiner (referred to below as the "primary examiner").

In order to guarantee that the opinion given is not influenced by earlier proceedings before the EPO on the application/patent in question, examiners who have taken part in these proceedings as members of an examining or opposition division will be excluded from the examining division set up under Art. 25. Where this is not practicable, the national court and the parties are informed of the proposed members of the examining division under Art. 25 and of which of them have taken part in European examination or opposition proceedings on the case. The court will be asked to state whether, in the circumstances, it still requests a technical opinion.