The delivery of the decision will follow a statement by the person conducting the proceedings announcing the operative part of the decision (see also E‑III, 8.11, and E‑X, 2.3).[Rule 111(1); Rule 111(2); ]

The operative part may, for example, read as follows:

"The patent application ...

If the competent department considers that the matter has been sufficiently thoroughly discussed, it must decide on the subsequent procedure to be followed. Where the department consists of a number of members – as in the case of the examining or opposition divisions – they must, if necessary, deliberate on the matter in the absence of the parties.

A discussion will be conducted with the party or parties concerning those technical or legal questions which are relevant to the decision and which, after the parties have made their submissions, do not appear to have been sufficiently clarified or discussed or are seemingly contradictory.

If, in oral proceedings, the interlocutory decision of the opposition division was based on documents which do not comply with Rule 49(8), i.e. which contain handwritten amendments, the opposition division will invite the proprietor in the communication under Rule 82(2) to file a formally compliant version of the amended text. The invitation will specify the formally deficient amended paragraphs and/or claims for which replacement paragraphs and/or claims need to be filed.

The requirement of Rule 49(8) that the description, claims and abstract, as well as the request for grant, must be typed or printed in principle extends to documents replacing application documents and to amended patent specification documents (see also A‑III, 3.2).[Rules 50(1); 86; ]

Responsibility for formally correct submissions and, in particular, for compliance with