(1) The examining section may summon and hear the parties at any time, may examine witnesses, experts and parties under oath or not under oath, and may undertake further examination as necessary to examine the matter. Section 128a and section 284 (2) and (3) of the Code of Civil Procedure apply accordingly. The applicant is to be heard, upon request, before the decision is taken on the grant of the patent. The request must be submitted in writing. If the request is not submitted in the requisite form, the examining section refuses the request. The decision to refuse the request is not independently contestable.
(2) Minutes are to be drawn up of the hearings and of the taking of evidence which are to contain the essentials of the proceedings and the relevant statements made by the parties. Sections 160a, 162 and 163 of the Code of Civil Procedure apply accordingly. The parties receive a copy of the minutes.