The purpose of oral proceedings should be to settle as far as possible all outstanding questions relevant to the decision. To this end proceedings should be carefully prepared after examination of all the written matter submitted and with this in mind the most appropriate date for conducting oral proceedings chosen.

Insofar as certain questions relevant to the decision are considered by the EPO to require discussion, it will in many cases be expedient to inform the party or parties in a notice and possibly also to invite one or more of the parties to submit written observations or to produce evidence, where appropriate. Parties may produce evidence in support of their arguments on their own initiative. Where, however, the evidence is such as should have been put forward at an earlier stage, e.g. in opposition proceedings pursuant to D-IV, 1.2.2.1(v) and 5.4, it is for the competent body to consider whether the evidence not filed in due time is to be admitted (see VI, 2). Any observations should be received in time for them to be communicated to the other parties at the latest one month before the oral proceedings. The time limit for submission of observations should be fixed accordingly, particularly where the invitation to file observations is issued at the same time as the summons to oral proceedings.

If, exceptionally, a party wishes a document to be taken into consideration during oral proceedings which has not previously been introduced in the proceedings, the required number of copies of this document must also be submitted within the same time limit before the oral proceedings.

In proceedings with only one party, i.e. in proceedings before the Receiving Section or the Examining Division, there must be at least one copy for the competent department and in opposition proceedings at least one copy for the Opposition Division and the other parties.

As regards the late introduction of documents in oral proceedings, see III, 8.6.