4.2 Producing evidence 

An examining division does not, as a general rule, require evidence to be produced. The primary function of the examiner in proceedings before grant is to point out to the applicant any ways in which the application does not meet the requirements of the EPC. If the applicant does not accept the examiner's view, then it is for them to decide whether they wish to produce evidence in support of their case and, if so, what form that evidence should take. The examining division should afford the applicant a reasonable opportunity to produce any evidence that is likely to be relevant.

However, this opportunity should not be given where the examining division is convinced that it would serve no useful purpose or result in undue delay.