The 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 primary examiner will prepare the communication accompanying the summons to oral proceedings and submit it to the other members.

It will be incumbent upon the opposition division to conduct ancillary proceedings arising in the course of opposition proceedings. Such ancillary proceedings may for example concern a request for re-establishment of rights in respect of a time limit which was not observed vis-à-vis the EPO during the opposition proceedings, a request for a decision concerning a finding arrived at by the formalities officer that a right has been lost or a request for exclusion from file inspection.

The opposition divisions are responsible for the examination of oppositions against European patents.[Art. 19(1); ]

The examination of newly submitted documents for compliance with physical requirements will essentially be the task of the competent formalities officers (see D‑II, 7, A‑I, 2, A‑III, 3.2, and C‑VIII, 1).

C‑II, 2, applies mutatis mutandis.[Rule 11(1); ]

If the opposition division considers that the nature of the decision so requires, it is enlarged by the addition of a legally qualified examiner who has not taken part in the proceedings for grant.[Art. 19(2); ]

The principles established for inclusion of a legally qualified member and for consultation of the Directorate Patent Law, the department responsible for providing legally qualified members for examining and opposition divisions, by the examining division apply mutatis mutandis to the opposition