Chapter II – The opposition division
6. Duties and powers of members
The first member primary examiner will conduct the examination of the opposition. If oral proceedings have been requested, they are normally arranged as first action, possibly in conjunction with the taking of evidence (see E‑III, 1 to E‑III, 4 and E‑IV, 1.6.1). The first member primary examiner will prepare the communication accompanying the summons to oral proceedings and submit it to the other members. If the first member primary examiner considers that communications to the parties preceding the summons for oral proceedings are necessary, these communications will be submitted to the opposition division before despatch.
If there are differences of opinion within the opposition division, the first member primary examiner will confer with the other members to discuss the points at issue. The chair 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 chair of the division is decisive.
Any further measures necessary will as a rule be entrusted to the first member primary examiner. If no further measures are necessary, the first member 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 chair must arrange a meeting.
Where reference is made hereinafter to the opposition division, this is to be taken to mean the first member primary examiner where such a member has been appointed and in so far as the EPC entitles an opposition division member to act alone.