The primary examiner will conduct the examination of the opposition. In this work he will issue communications to the parties without consulting the other members. However, if the primary examiner believes that the other members may have reservations concerning the procedure which he intends to follow, he must submit the communication to the Opposition Division before despatch. If he considers that the matter is ready for a decision or that oral proceedings should be arranged, possibly in conjunction with the taking of evidence (see E-III, 1 to 4, and E-IV, 1.6.1), he must submit an opinion in writing to the Opposition Division.

In the light of this opinion, the other members of the Opposition Division will give their own opinions in writing, which may simply be a short confirmation of agreement.

If there are differences of opinion, the Chairman must fix a date for a meeting at which the primary examiner will report on the matter. The Chairman will preside at the meeting and, following a discussion, will take a vote on the decision or the further course of the procedure.

Voting will be on the basis of a simple majority. In the event of parity of votes, the vote of the Chairman of the Division is decisive.

Any further measures necessary will as a rule be entrusted to the primary examiner. If no further measures are necessary, the primary examiner will draft a decision on the opposition and will distribute the draft to the other members of the Opposition Division for examination and signature. If any changes are proposed by a member and there are differences of opinion on such changes, the Chairman must arrange a meeting.

Where reference is made hereinafter to the Opposition Division, this should be taken to mean the primary examiner where such a member has been appointed and insofar as he is entitled to act alone under the EPC.