Where the Examining or Opposition Division holds hearings for the purpose of taking evidence (see IV 1.3) and if the case in question is expected to give rise to particular legal issues, it is advisable that the Division should be enlarged by the addition of a legally qualified examiner, if this is not already the case (see D-II, 2.2).

Where a hearing is held in connection with oral proceedings, the considerations set out in III, 8.2, III, 8.3, III, 8.8 and III, 8.9 are directly applicable, and where this is not the case they apply mutatis mutandis.

The hearing of an "expert" in the sense of Art. 117(3) requires as a precondition a decision to take evidence (see IV, 1.4). This is different from hearing oral submissions by a person accompanying the representative during oral proceedings, which can be allowed at the discretion of the Division (see G 4/95, OJ 7/1996, 412) (see III, 8.5).