(1) The Federal Patent Court shall investigate the facts ex officio. It shall not be bound by the pleadings and the motions to take evidence filed by the parties.
(2) Before the oral proceedings or, if no oral proceedings are held, before the Federal Patent Court takes its decision, the presiding judge or a member of the boards to be determined by him or her shall issue all orders which are necessary to dispose of the matter in oral proceedings or in one session if at all possible. In other respects, section 273 (2), (3) sentence 1, and (4) sentence 1, of the Code of Civil Procedure shall apply accordingly.