(1) The Federal Patent Court examines the facts ex officio. It is not 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 to be determined by the presiding judge is to issue all orders which are necessary to dispose of the matter in oral proceedings or in one session if at all possible. In all other cases, section 273 (2), (3) sentence 1 and (4) sentence 1 of the Code of Civil Procedure applies accordingly.