1.9.6 The concept of "the public"

Over the years, the boards have arrived at a clear definition of "the public". Information is said to be "available" to the public if only a single member of the public is in a position to gain access to it and understand it, and if there is no obligation to maintain secrecy (T 1081/01; see e.g. T 229/06, T 2/09, T 834/09).

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