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Case Law of the Boards of Appeal

 
 
h)
Paper submitted to obtain an academic degree 

In T 151/99 the board held that, in general, it appeared highly plausible that a paper submitted to obtain an academic degree (in this case a master's thesis) was not confidential, and that became a virtual certainty if the paper was referred to in published scientific work. If the reference was in a document published before the priority date of the patent in suit, it could be assumed that the paper had also been made available to the public before that date.