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CLR III G 4.3.4.B Convincing the board and discussion on the standard of proof

CLR III G 4.3.4.A Commercial brochures

CLR III G 4.3.4 Public availability of prior art documents

a) Commercial brochures

b) Convincing the board and discussion on the standard of proof

c) Archives and internet publications

CLR III G 4.3.3 Posters and ephemeral presentations

CLR III G 4.3.2.C Miscellaneous – evaluation in the case law

CLR III G 4.3.2.B Evidence within the sphere of the opponent: beyond any reasonable doubt

CLR III G 4.3.2.A Both parties have access to the evidence : balance of probabilities

CLR III G 4.3.2 Public prior use

Although the standard of proof is the same for all objections covered by Art. 100 EPC (cf. T 270/90, OJ 1993, 725), the case law identifies two levels or standards of proof to be applied with regard to disputes around public prior use – either the "balance of probabilities" or "up to the hilt".

CLR III G 4.3.1 General – "Balance of probabilities"

CLR III G 4.3 Standard of proof

Even though different concepts as to the standard of proof have developed in the case law of the boards, they all have in common that a judgement is to be made on the basis of the application of the principle of free evaluation of evidence.